007-18 Combustion Turbine Borescope Inspection Services For JEA

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Solicitation

For Participation in an Invitation to Negotiate

Combustion Turbine Borescope Inspection Services for JEA

Jacksonville, FL

Solicitation Number 007-18

Mandatory Pre-Response Meeting in Person on October 26, 2017 at 9:00 a.m.

Mandatory Pre-Response Meeting Location: to JEA Bid Office, Customer Center 1st Floor, Room 002

21 W. Church Street, Jacksonville, FL 32202

Dial in Number 1-888-714-6484

Participation Code: 817050

Responses are due on November 21, 2017 by 12:00 pm

Direct delivery or mail to JEA Bid Office, Customer Center 1st Floor, Room 002

21 W. Church Street, Jacksonville, FL 32202

JEA will publicly open all Responses received from qualified Respondents November 21, 2017, at

2:00 p.m. in the JEA Bid Office, Customer Center 1st Floor, Room 002, 21 W. Church Street, Jacksonville, FL

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TABLE OF CONTENTS
1. INTENT TO NEGOTIATE ...................................................................................................................................6
1.1. INVITATION ..............................................................................................................................................6
1.1.1. SCOPE OF WORK (ITN) .......................................................................................................................6
1.1.2. BACKGROUND .....................................................................................................................................6
1.1.3. INVITATION TO NEGOTIATE ............................................................................................................6
1.1.4. QUESTIONS (ITN) .................................................................................................................................7
1.1.5. MANDATORY PRE-RESPONSE MEETING IN PERSON ..................................................................7
1.1.6. OPENING OF RESPONSES ...................................................................................................................7
1.2. SPECIAL INSTRUCTIONS ........................................................................................................................7
1.2.1. MINIMUM QUALIFICATIONS ............................................................................................................7
1.2.2. INSURANCE REQUIREMENTS ...........................................................................................................8
1.2.3. PAYMENT AND PERFORMANCE BOND REQUIREMENTS ..........................................................8
1.2.4. NUMBER OF CONTRACTS TO BE AWARDED ................................................................................9
1.2.5. REQUIRED FORMS TO BE SUBMITTED WITH RESPONSE ..........................................................9
1.3. EVALUATION METHODOLOGY .......................................................................................................... 10
1.3.1. EVALUATION AND NEGOTIATION PROCESS ............................................................................. 10
1.3.2. ALTERNATE PROVISIONS AND CONDITIONS............................................................................. 11
1.4. SELECTION CRITERIA........................................................................................................................... 12
1.4.1. QUOTATION OF RATES – 50 POINTS ............................................................................................. 12
1.4.2. COMPANY EXPERIENCE & PAST PERFORMANCE ..................................................................... 12
1.4.3. SAMPLE INSPECTION REPORTS ..................................................................................................... 12
1.4.4. PROXIMITY TO JEA ........................................................................................................................... 12
1.4.5. USER GROUP PARTICIPATION........................................................................................................ 13
1.4.6. SAFETY ................................................................................................................................................ 13
1.4.7. TIE ......................................................................................................................................................... 13
1.5. GENERAL INSTRUCTIONS ................................................................................................................... 13
1.5.1. SUBMITTING THE RESPONSE ......................................................................................................... 13
1.5.2. ADDENDA............................................................................................................................................ 13
1.5.3. CONTRACT EXECUTION AND START OF WORK ........................................................................ 14
1.5.4. DEFINED TERMS ................................................................................................................................ 14
1.5.5. EX PARTE COMMUNICATION ......................................................................................................... 14
1.5.6. CERTIFICATION AND REPRESENTATIONS OF THE COMPANY .............................................. 14
1.5.7. ETHICS ................................................................................................................................................. 15
1.5.8. JEA PUBLICATIONS ........................................................................................................................... 15
1.5.9. MATHEMATICAL ERRORS............................................................................................................... 16
1.5.10. MODIFICATION OR WITHDRAWAL OF RESPONSES ............................................................. 16
1.5.11. PROTEST OF ITN AND AWARD PROCESS ................................................................................ 16
1.5.12. RESERVATION OF RIGHTS TO JEA ............................................................................................ 16
1.5.13. SUNSHINE LAW ............................................................................................................................. 16
1.5.14. SUBCONTRACTORS ...................................................................................................................... 17
1.6. JACKSONVILLE SMALL AND EMERGING BUSINESS (JSEB) PROGRAM REQUIREMENTS .... 18
1.6.1. OPTIONAL USE OF JACKSONVILLE SMALL AND EMERGING BUSINESS (JSEB) PROGRAM
18
2. CONTRACT TERMS AND CONDITIONS....................................................................................................... 18
2.1. CONTRACT TERMS AND CONDITIONS ............................................................................................. 18
2.2. DEFINITIONS ........................................................................................................................................... 18
2.2.1. DEFINITIONS ...................................................................................................................................... 18
2.2.2. ACCEPTANCE ..................................................................................................................................... 18
2.2.3. ADDENDUM/ADDENDA ................................................................................................................... 18

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2.2.4. ADMINISTRATIVE WORK ................................................................................................................ 19
2.2.5. APPLICATION FOR PAYMENT ........................................................................................................ 19
2.2.6. APPROVED SCHEDULE .................................................................................................................... 19
2.2.7. ANNIVERSARY DATE ....................................................................................................................... 19
2.2.8. AWARD ................................................................................................................................................ 19
2.2.9. CHANGE ORDER ................................................................................................................................ 19
2.2.10. COMPANY ....................................................................................................................................... 19
2.2.11. CONTRACT ..................................................................................................................................... 19
2.2.12. CONTRACT ADMINISTRATOR.................................................................................................... 19
2.2.13. CONTRACT AMENDMENT........................................................................................................... 20
2.2.14. CONTRACT PRICE ......................................................................................................................... 20
2.2.15. CONTRACT TIME........................................................................................................................... 20
2.2.16. DEFECT ............................................................................................................................................ 20
2.2.17. ENVIRONMENTAL REGULATIONS............................................................................................ 20
2.2.18. FIELD WORK .................................................................................................................................. 20
2.2.19. FINAL COMPLETION..................................................................................................................... 20
2.2.20. FINAL PAYMENT ........................................................................................................................... 20
2.2.21. HAZARDOUS MATERIALS........................................................................................................... 21
2.2.22. HOLIDAYS ...................................................................................................................................... 21
2.2.23. INVITATION TO NEGOTIATE ...................................................................................................... 21
2.2.24. INVOICE .......................................................................................................................................... 21
2.2.25. JEA .................................................................................................................................................... 21
2.2.26. JEA REPRESENTATIVES............................................................................................................... 21
2.2.27. LUMP SUM BULK BID PRICE ...................................................................................................... 21
2.2.28. MILESTONE .................................................................................................................................... 22
2.2.29. NOTICE TO PROCEED ................................................................................................................... 22
2.2.30. PERFORMANCE - ACCEPTABLE PERFORMANCE/PERFORMER.......................................... 22
2.2.31. PERFORMANCE - TOP PERFORMANCE/PERFORMER ............................................................ 22
2.2.32. PERFORMANCE - UNACCEPTABLE PERFORMANCE/PERFORMER .................................... 22
2.2.33. PURCHASE ORDER (PO) ............................................................................................................... 22
2.2.34. RESPONSE ....................................................................................................................................... 22
2.2.35. RESPONDENT ................................................................................................................................. 22
2.2.36. SCHEDULE ...................................................................................................................................... 22
2.2.37. SUBCONTRACTOR ........................................................................................................................ 22
2.2.38. SUBSTANTIAL COMPLETION (DEFINITION) ........................................................................... 22
2.2.39. TASK AUTHORIZATION ............................................................................................................... 23
2.2.40. TERM ................................................................................................................................................ 23
2.2.41. UNIT PRICES ................................................................................................................................... 23
2.2.42. WORK OR SCOPE OF SERVICES ................................................................................................. 23
2.3. CONTRACT DOCUMENTS .................................................................................................................... 23
2.3.1. ORDER OF PRECEDENCE ................................................................................................................. 23
2.4. PRICE AND PAYMENTS ........................................................................................................................ 24
2.4.1. PAYMENT METHOD- TASK AUTHORIZATION ............................................................................ 24
2.4.2. COST SAVING PLAN .......................................................................................................................... 24
2.4.3. PRICE ADJUSTMENT-FIXED THREE YEARS, ANNUAL THEREAFER ..................................... 24
2.4.4. DISCOUNT PRICING .......................................................................................................................... 25
2.4.5. INVOICING AND PAYMENT TERMS .............................................................................................. 25
2.4.6. PROMPT PAYMENT TO SUBCONTRACTORS, SUB-SUBCONTRACTORS AND SUPPLIERS 25
2.4.7. JSEB - INVOICING AND PAYMENT ................................................................................................ 26
2.4.8. OFFSETS............................................................................................................................................... 26

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2.4.9. TAXES .................................................................................................................................................. 26
2.5. WARRANTIES AND REPRESENTATIONS .......................................................................................... 26
2.5.1. WARRANTY ........................................................................................................................................ 26
2.6. INSURANCE, INDEMNITY, RISK OF LOSS & BONDING ................................................................ 27
2.6.1. INSURANCE ........................................................................................................................................ 27
2.6.2. INDEMNIFICATION ........................................................................................................................... 28
2.6.3. TITLE AND RISK OF LOSS ................................................................................................................ 28
2.7. TERM AND TERMINATION .................................................................................................................. 28
2.7.1. TERM OF CONTRACT – DEFINED DATES ..................................................................................... 28
2.7.2. TERMINATION FOR CONVENIENCE .............................................................................................. 28
2.7.3. SUSPENSION OF WORK .................................................................................................................... 29
2.7.4. TERMINATION FOR DEFAULT ........................................................................................................ 29
2.7.5. SHIPPING TO AND STORAGE AT WORK LOCATION ................................................................. 30
2.8. PRELIMINARY MATTERS ..................................................................................................................... 30
2.8.1. WORK LOCATION .............................................................................................................................. 30
2.8.2. UNFORESEEN CONDITIONS ............................................................................................................ 30
2.9. CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTATION .................................................... 31
2.9.1. PUBLIC RECORDS LAWS ................................................................................................................. 31
2.9.2. PROPRIETARY INFORMATION ....................................................................................................... 32
2.9.3. PUBLICITY AND ADVERTISING ..................................................................................................... 32
2.10. LABOR ...................................................................................................................................................... 32
2.10.1. NONDISCRIMINATION ................................................................................................................. 32
2.10.2. LEGAL WORKFORCE .................................................................................................................... 33
2.10.3. PROHIBITED FUTURE EMPLOYMENT ...................................................................................... 33
2.10.4. HIRING OF OTHER PARTY'S EMPLOYEES ............................................................................... 33
2.10.5. COMPANY'S LABOR RELATIONS............................................................................................... 33
2.11. COMPANY'S RESPONSIBILITIES AND PERFORMANCE OF THE CONTRACT ............................ 34
2.11.1. JEA ACCESS BADGES ................................................................................................................... 34
2.11.2. CHANGE IN SCOPE OF SERVICES .............................................................................................. 34
2.11.3. CHANGE IN THE WORK ............................................................................................................... 34
2.11.4. CONFLICT OF INTEREST (CONSTRUCTION) ........................................................................... 35
2.11.5. CONSTRUCTION AND DEMOLITION DEBRIS.......................................................................... 35
2.11.6. UNABLE TO SUBMIT BID FORMS .............................................................................................. 35
2.11.7. MINIMUM QUALIFICATION OF COMPANY PERSONNEL ..................................................... 36
2.11.8. SHOW-UP PAY ................................................................................................................................ 36
2.11.9. COMPANY'S LABOR RELATIONS............................................................................................... 36
2.11.10. COMPANY REPRESENTATIVES.................................................................................................. 36
2.11.11. COMPANY REVIEW OF PROJECT REQUIREMENTS ............................................................... 36
2.11.12. LICENSES ........................................................................................................................................ 36
2.11.13. SAFETY AND PROTECTION PRECAUTIONS ............................................................................ 37
2.12. VENDOR PERFORMANCE EVALUATION .......................................................................................... 37
2.12.1. VENDOR PERFORMANCE EVALUATION ................................................................................. 37
2.13. JEA RESPONSIBILITIES ......................................................................................................................... 39
2.13.1. COORDINATION OF SERVICES PROVIDED BY JEA ............................................................... 39
2.14. COMPANY RESPONSIBILITIES ............................................................................................................ 39
2.14.1. STORAGE OF EQUIPMENT .......................................................................................................... 39
2.14.2. STORM PREPAREDNESS .............................................................................................................. 39
2.15. MISCELLANEOUS PROVISIONS .......................................................................................................... 39
2.15.1. AMBIGUOUS CONTRACT PROVISIONS .................................................................................... 39
2.15.2. AMENDMENTS ............................................................................................................................... 39

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2.15.3. APPLICABLE STATE LAW; VENUE; SEVERABILITY ............................................................. 39
2.15.4. CUMULATIVE REMEDIES ............................................................................................................ 40
2.15.5. DELAYS ........................................................................................................................................... 40
2.15.6. ENTIRE AGREEMENT ................................................................................................................... 40
2.15.7. EXPANDED DEFINITIONS ............................................................................................................ 40
2.15.1. FORCE MAJEURE ........................................................................................................................... 40
2.15.2. HEADINGS ...................................................................................................................................... 41
2.15.3. INDEPENDENT CONTRACTOR ................................................................................................... 41
2.15.4. LANGUAGE AND MEASUREMENTS .......................................................................................... 41
2.15.5. MEETINGS AND PUBLIC HEARINGS ......................................................................................... 41
2.15.6. NEGOTIATED CONTRACT ........................................................................................................... 41
2.15.7. NONEXCLUSIVE ............................................................................................................................ 41
2.15.8. REFERENCES .................................................................................................................................. 41
2.15.9. RIGHT TO AUDIT AND FINANCIAL REPORTING .................................................................... 41
2.15.10. SEVERABILITY .............................................................................................................................. 43
2.15.11. SUBCONTRACTING OR ASSIGNING OF CONTRACT ............................................................. 43
2.15.12. SURVIVAL ....................................................................................................................................... 43
2.15.13. TIME AND DATE ............................................................................................................................ 43
2.15.14. TIME OF ESSENCE ......................................................................................................................... 43
2.15.15. WAIVER OF CLAIMS ..................................................................................................................... 43
3. TECHNICAL SPECIFICATIONS/DETAILED SCOPE OF WORK ................................................................. 44
4. FORMS................................................................................................................................................................ 44

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SOLICITATION

1. INTENT TO NEGOTIATE

1.1. INVITATION

1.1.1. SCOPE OF WORK (ITN)


The purpose of this Invitation to Negotiate (the "ITN") is to solicit pricing and select a Company that can provide
combustion turbine (CT) borescope testing services at the best value and lowest price to JEA.

JEA is seeking combustion turbine borescope testing services from experienced technical services company (the
“Contractor” or Company”) that possesses the expertise in the named services for a large, municipal electric utility
with various size combustion turbines at multiple locations. The work will consist primarily of standard borescope
inspections to be performed during outages that are planned or unplanned throughout the course of a five (5) year
contract term. The activities performed under this contract will take place primarily at the electric production plants
(Brandy Branch Generation Station, Kennedy Generating Station, Northside Generating Station and Greenland
Energy Center). JEA intends to award one (1) contract for this work.

A more detailed description of the Work is provided in the Technical Specifications included as Appendix A to this
ITN.

1.1.2. BACKGROUND
JEA owns, operates and manages the electric system established by the City of Jacksonville, Florida in 1895. JEA is
also co-owner, with Florida Power and Light ("FPL") of the St Johns River Power Park ("SJRPP"). In June 1997,
JEA also assumed operation of the water and sewer system previously managed by the City. JEA is Florida's largest
municipally owned utility and the seventh largest municipal in the United States.

1.1.3. INVITATION TO NEGOTIATE


You are invited to submit a Response to the Invitation To Negotiate noted below:

JEA ITN Title: Combustion Turbine Borescope Inspection Services for JEA
A complete copy of this ITN and any applicable documents can be downloaded from jea.com.

Response Due Time: 12:00P.M. - ALL LATE RESPONSES FOR WHATEVER REASON WILL BE
RETURNED UNOPENED.

Response Due Date: November 21, 2017

All Responses must reference the JEA ITN Title and Number noted above. All Responses must be made on the
appropriate forms as specified within this ITN, and placed in an envelope marked to identify this ITN and delivered
or mailed to:

JEA Procurement, Bid Office, 21 West Church Street, Customer Center 1st Floor, Room 002, Jacksonville, FL
32202

The Respondent shall be solely responsible for delivery of its Response to the JEA Bid Office. Please note, JEA
employs a third party courier service to deliver its mail from the local U.S. Post Office (USPS) which could cause a
delay of Response delivery if mailed through the USPS. Therefore, JEA recommends hand delivery to the JEA Bid

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Office. Reliance upon the USPS, the courier service employed by JEA, or public carriers is at the Respondent's risk.
Responses are due by the time and on the date listed above.

ALL LATE RESPONSES FOR WHATEVER REASON WILL BE RETURNED UNOPENED.

1.1.4. QUESTIONS (ITN)


All Questions must be submitted in writing to the JEA Buyer listed below at least five (5) business days prior to the
opening date. Questions received within five (5) business days prior to the opening date will not be answered.

For Procurement Questions:


Buyer: Rodney Lovgren
E-mail: [email protected]

Technical Questions:
Contact: Larry Guevarra
E-mail: [email protected]

1.1.5. MANDATORY PRE-RESPONSE MEETING IN PERSON


There will be a mandatory Pre-Response meeting. All interested parties shall attend the Pre-Response meeting. Each
Respondent will be required to sign in at the beginning of the meeting. A Respondent shall only sign in representing
one (1) company, unless otherwise specified by JEA. Respondents not attending the Pre-Response may register on
JEA.com to receive information regarding the solicitation.

PRE-RESPONSE MEETING TIME: 9:00 AM


PRE-RESPONSE MEETING DATE: October 26, 2017
PRE-RESPONSE MEETING LOCATION: JEA CUSTOMER CENTER, BID OFFICE, 1ST FLOOR, ROOM
002, 21 WEST CHURCH STREET, JACKSONVILLE, FL 32202.

1.1.6. OPENING OF RESPONSES


All Responses received shall be publicly announced and recorded at 2:00 PM on November 21, 2017 in the JEA Bid
Office, 21 West Church Street, Customer Center, 1st Floor, Room 002, Jacksonville, FL 32202. At the opening of
the Responses, a JEA representative will publicly open each Response that was received prior to the due date and
time, except for those Responses that have been properly withdrawn. JEA has the right to waive any irregularities or
informalities in the Responses.

1.2. SPECIAL INSTRUCTIONS

1.2.1. MINIMUM QUALIFICATIONS


Respondent shall meet the following Minimum Qualifications to be considered eligible to submit a Response to this
ITN. A Respondent not meeting all of the following criteria will have their Response rejected:

• The Company submitting the Response shall have successfully completed or be in the performance
of two (2) similar service contracts in the United States, in the past five (5) years date ending the
Response Due Date.

o A similar service contract is defined as combustion turbine borescope inspection services


contract totaling $20,000.00 or more for any one (1) year period for each contract. If the

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contract is currently being performed, one (1) year of spend totaling $20,000.00 or more
must have already been completed to meet the minimum qualification.

o Additionally, the service contracts submitted shall be from different customers and the
services shall have performed the work on GE 7FA or GE 7EA/B combustion turbine units.

A Minimum Qualification Form, which is required to be submitted with the Response Form, is provided in
Appendix B of this ITN.

Please note, any Respondent whose contract with JEA was terminated for default within the last two (2)
years shall have their Response rejected.

1.2.2. INSURANCE REQUIREMENTS


Prior to JEA issuing a Purchase Order to the Respondent to begin the Work or Services, the Respondent shall submit a
certificate of insurance (COI) that is in compliance with amounts and requirements as indicated in the Section herein
entitled "Insurance Requirements". Note that the COI shall specifically indicate JEA (and Florida Power and
Light Company ("FPL"), if applicable) as additional insured(s) on all required insurance except Worker's
Compensation and Professional Liability (if applicable). Furthermore, waiver of subrogation shall be provided
for all required insurance in favor of JEA, FPL (if applicable), including their board members, officers,
employees, agents, successors, and assigns.

1.2.3. PAYMENT AND PERFORMANCE BOND REQUIREMENTS


Once the Respondent is Awarded the Contract and upon receipt of the Contract Documents, the Respondent shall
furnish a Payment and Performance Bond, or alternate form of security, in the amount indicated on the Response
Form, made out to JEA in forms and formats approved and provided by JEA, as security for the faithful performance
of the Work or Services. No modifications to the JEA bond forms are allowed.

A fully executed Payment and Performance Bond must be recorded with the Clerk of Duval County Court and
delivered to JEA before the JEA Purchase Order will be issued. JEA will send the approved bond forms to
the Respondent for execution along with the Contract; however, in no case shall the date on the bond forms be prior
to that of the executed Contract. The surety must be authorized and licensed to transact business in Florida. Note,
that the Respondent is responsible for the costs associated with the required Payment and Performance Bonds;
therefore, the costs should be included in the Respondent’s Total Response Price. If the Respondent fails or
refuses to furnish or record the required bonds, JEA will retain the Respondent's bid bond as liquidated damages.

To be acceptable to JEA as surety for Performance and Payment Bonds, a surety company shall comply with the
following provisions:

o The Surety Company shall have a currently valid Certificate of Authority, issued by the State of
Florida, Department of Insurance, authorizing it to write surety bonds in the State of Florida.
o The Surety Company shall have a currently valid Certificate of Authority issued by the United
States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Codes.
o The Surety Company shall be in full compliance with the provisions of the Florida Insurance
Code.
o The Surety Company shall have at least twice the minimum surplus and capital required by the
Florida Insurance Code during the life of this agreement.
o If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the
following provisions:

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The Surety Company shall have at least the following minimum ratings in the latest issue of A.M. Best's
Key Rating Guide.
POLICY HOLDER'S CONTRACT AMOUNT AND REQUIRED FINANCIAL RATING
$500,000 TO 1,000,000: A-CLASS IV
$1,000,000 TO 2,500,000: A-CLASS V
$2,500,000 TO 5,000,000: A-CLASS VI
$5,000,000 TO 10,000,000: A-CLASS VII
$10,000,000 TO 25,000,000: A- CLASS VIII
$25,000,000 TO 50,000,000: A- CLASS IX
$50,000,000 TO 75,000,000: A- CLASS X
The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10)
percent of its surplus to policyholders, provided:
Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk
as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing
authorization or approval by the State of Florida, Department of Insurance, to conduct business in this
state has been met.
In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount
assumed by any co-surety, the value of any security deposited, pledged or held subject to the consent of
the surety and for the protection of the surety shall be deducted.

1.2.4. NUMBER OF CONTRACTS TO BE AWARDED


JEA intends to Award one (1) Contract(s) for the Work. Additionally, JEA reserves the right to Award more than
one Contract based on certain groupings of the Work items, or JEA may exclude certain Work items, if JEA
determines that it is in its best interest to do so.

1.2.5. REQUIRED FORMS TO BE SUBMITTED WITH RESPONSE


The following forms must be completed and submitted to JEA at the timeframes stated below. The Respondent can
obtain the required forms, other than the Minimum Qualification Form, Response Form and Response Workbook,
by downloading them from JEA.com.

A. The following forms are required to be submitted with the Response:

o Minimum Qualifications Form - This form can be found in Appendix B of this ITN
o Response Form - This can be found in Appendix B of this ITN
o Response Workbook - This can be found in Appendix B of this ITN

If the above listed forms are not submitted with the Response by the Response Due Time and Date, JEA shall
reject the Response.

B. JEA also requests the following documents to be submitted prior to Contract execution. A Response will not be
rejected if these forms are not submitted at the Response Due Date and Time. However, failure to submit these
documents prior to Contract execution could result in Response rejection.

o List of JSEB Certified Firms (if any)


o List of subcontractors/Shop Fabricators (if any)
o Conflict of Interest Certificate Form - This form can be found at JEA.com
o Insurance certificate
o W-9

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o Evidence of active registration with the State of Florida Division of Corporations
(www.sunbiz.org)
o Any technical submittals as requires by the Technical Specifications

1.3. EVALUATION METHODOLOGY

1.3.1. EVALUATION AND NEGOTIATION PROCESS


JEA intends to select up to four (4) Respondents (the "Short-list") with which to commence negotiations. A
selection committee (hereinafter referred to as the "Selection Committee"), will be appointed by the Chief
Procurement Officer (the "CPO"), or his designee, to review and evaluate each Response submitted. The CPO's
office will distribute a copy of each Response to each member of the Selection Committee, and the members of the
Selection Committee will separately and independently evaluate and rank the Responses using the "Selection
Criteria" as stated below in this ITN. JEA will use this ranking to develop the Short-list of companies in which to
proceed with contract negotiations.

Prior to developing the Short-list, JEA may request that the Respondents provide additional information to clarify
their Response. JEA will NOT allow Respondents to submit additional reference projects or change said reference
projects that were initially submitted for the purposes of meeting the Minimum Qualifications stated in this ITN.
However, JEA may request clarification of submitted documentation so that JEA may make an accurate assessment
in developing the Short-list. JEA must be satisfied that the successful Respondent has the necessary technical
expertise, experience, and resource capabilities to satisfactorily perform the Work described in this ITN.

JEA reserves the right to Award a Contract based on the Selection Committee's initial evaluation of the Responses if
JEA deems the Responses demonstrate adequate competition, compliance, and responsiveness to this ITN. If JEA
determines the previously stated criteria have not been met, JEA will finalize the Short-list and proceed with
contract negotiations.

Respondents are cautioned to present the best possible pricing offer in their initial Responses. Failing to do so may
result in a Respondent not making the Short-list, and will not be allowed to proceed with contract negotiations.
Additionally, the Total Bid Price submitted with the initial Response cannot be increased during the ITN
process.

Once a Short-list is developed, the CPO, or his designee, will appoint a negotiating team (the "Negotiating Team").
The Negotiation Team may be comprised of the same individuals as were members of the Selection Committee.
JEA reserves the right to negotiate concurrently or separately with the Short-list Respondents. JEA reserves the right
to seek clarifications, to request Response revisions, and to request any additional information deemed necessary for
proper evaluation of the Responses. JEA reserves the right to incorporate value added services or industry standard
innovations recommended by a Respondent into the Contract's scope of work.

A Respondent that is included on the Short-list may be required, at the sole option of JEA, to make an oral
presentation, provide additional written clarifications to its Response, or JEA may require site visits to Respondent's
facilities. Oral presentations, hand-outs, and written clarifications will be attached to the Respondent's Response and
will become a part of the Response as if originally submitted. The CPO or his designee will initiate and schedule a
time and location for any presentations which may be required.

As a part of the negotiation process, JEA may contact the references provided by the Respondent for the purpose of
independently verifying the information provided in the Response, and to assess the extent of success of the projects
associated with those references. JEA also reserves the right to contact references not provided by Respondents.

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Respondents may be requested to provide additional references. The results of the reference checking may influence
the final negotiation, ranking, and Award recommendation.

After written clarifications, oral presentations, site visits, and any other negotiations deemed by JEA to be in its best
interest, the Short-list Respondents will be given a deadline to submit their best and final offer (the "Best and Final
Offer" or "BAFO"). The negotiation process will stop upon submission of the BAFO. Respondents will not be
allowed to make further adjustments to their BAFO or communicate further with JEA, except to respond to requests
for clarification from the Negotiating Team.

The JEA Negotiating Team will adjust and calculate the final rankings of the Short-list based on the BAFO
submissions. JEA does not anticipate reopening negotiations after receiving the BAFOs, but reserves the right to do
so if it believes doing so will be in the best interests of JEA. In the event that JEA reopens negotiations, any final
rankings will be revised accordingly.

Negotiations will not be open to the public, but will be recorded. All recordings of negotiations and any records,
documents, and other materials presented at negotiation sessions are public records and can be released pursuant to a
public records request after a notice of intended decision for this ITN is posted, or thirty (30) days after the opening
of the Responses, whichever occurs earlier.

The Award recommendation of the Negotiating Team will be based upon the scoring of the BAFOs and the
Selection Criteria described below in this ITN. The Respondent with the highest score will be submitted to the CPO
for approval. Once approved, the CPO will then present an Award to the JEA Awards Committee for final approval.

In its sole discretion, JEA reserves the right to withdraw this ITN either before or after receiving Responses, to reject
any and all Responses either in whole or in part, with or without cause, or to waive any ITN requirement
informalities, minor irregularities, and deficiencies in any Response, and to determine such action is in the best
interest of JEA. Issuance of this ITN in no way constitutes a commitment by JEA to make an Award or enter into a
Contract.

All Responses submitted to JEA are subject to the JEA's terms and conditions contained in this ITN and JEA's
Procurement Code. Any and all additional terms and conditions submitted by Respondents are rejected and shall
have no force.

1.3.1.1. BASIS OF AWARD – HIGHEST EVALUATED RESPONDENT


JEA will Award this Contract to the highest evaluated Respondent(s) whose Response meets or exceeds the
Minimum Qualifications set forth in this Solicitation, and the Respondents Response is evaluated as the highest
evaluated Respondent(s) by JEA.

1.3.2. ALTERNATE PROVISIONS AND CONDITIONS


Responses that contain provisions that are contrary to requirements found on this ITN, including, but not limited to,
the Contract terms and conditions contained in Section 2 of this ITN, and any requirements found in the Technical
Specifications attached as Appendix A to this ITN, will be reviewed but may not be accepted by JEA. However, as
this is an ITN, JEA reserves the right to negotiate the best terms and conditions if determined to be in the best
interests of JEA, and negotiate different terms and related price adjustments if JEA determines that it provides the
best value to JEA.

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1.4. SELECTION CRITERIA

1.4.1. QUOTATION OF RATES – 50 POINTS

In the Respondent Rates Workbook, the billable labor rates provided for each job classification shall include
wages, taxes, benefits, workers compensation, required personal safety equipment (PPE), mobilization and
demobilization, and any other salary burdens for the workers’ employment. This includes, but is not limited
to, all applicable training, certifications, and approvals required to operate vehicles and/or equipment and to
safely perform the Work in an environmentally responsible manner. Unit rates shall not include profit or
overhead. These rates will be applicable to the Respondent and all levels of the Respondent’s Subcontractors.
Each labor classification will apply to work to be completed in the JEA service area. All travel expenses (per
diem) will be reimbursed in accordance with JEA's Contractor Travel Policy.

Please note, the prices, rates and percentages quoted by Respondent on the Response Form must
be firm-fixed prices, not estimates.

1.4.2. COMPANY EXPERIENCE & PAST PERFORMANCE

Maximum score for this criterion is: 20 POINTS

Respondent shall provide the following:

1. A summary description of two (2) standard GE 7FA or GE 7EA/B combustion turbine units borescope
inspection projects. If the Company has performed work for JEA in the past three (3) years, then one
(1) of the projects must be a JEA project reference. Both borescope inspection projects provided
should be from different clients/customers.

The information submitted shall include the following:


• Name of Client/ Customer
• Name and title of Contact
• Contact’s phone number and email address
• Project Description
• Total Contract Cost

2. For the two (2) borescope inspection projects submitted, provide valid reference contact information
for each. JEA will contact these two (2) references for verification and evaluation of each project.
Evaluation will include review of inspection scope, cost, schedule, and customer satisfaction.

1.4.3. SAMPLE INSPECTION REPORTS


Maximum score for this criterion is: 10 POINTS

Respondent shall supply the following information:

Provide Two (2) sample standard borescope inspection reports for either GE Frame 7FA or 7EA/7B units.

1.4.4. PROXIMITY TO JEA


Maximum score for this criterion is: 10 POINTS

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Respondent shall supply the following information:
a. Primary Office Location where the Work will be mobilized from and its distance from JEA’s
Brandy Branch Generating Station located at 15701 West Beaver Street, Jacksonville, FL 32234.
JEA will use Google Maps to verify distance. To receive credit for this Office Location, the
Office, shall have been in operation for six (6) months prior to the Bid Due Date and have a
minimum of three (3) personnel staffed for the same six (6) month period.

1.4.5. USER GROUP PARTICIPATION


Maximum score for this criterion is: 5 POINTS

Respondent shall supply the following information:


a. Due to the critical nature of current and emerging gas turbine compressor issues, provide a list of
vendor participation and involvement in utility industry organizations or users groups and provide
contact references for verification. Additionally, the Respondent shall provide examples how the
industry organization help the company keep up with industry changes and technology
advancements.

1.4.6. SAFETY
Maximum score for this criterion is: 5 POINTS
Respondent shall submit documented proof on letterhead of current insurance carrier of their Experience
Modification Rate (EMR) for the past three (3) years (2014, 2015, & 2016). The average of these rates will
be used to determine the number of points that each Respondent will receive in this category.

1.4.7. TIE
In the event of a tie score, the tie shall be resolved in accordance with JEA's Procurement Code and Operational
Procedures.

1.5. GENERAL INSTRUCTIONS

1.5.1. SUBMITTING THE RESPONSE


The Respondent shall submit one (1) original Response, three (3) duplicates (hardcopies) and one (1) CD or flash
drive. For the submitted electronic copy, the Respondent shall provide a tracked changes version of any terms
and conditions comments and an excel version of the quotation of rates workbook. Combed binders are
preferred. If there is a discrepancy between the electronic and the hard copy, the hard copy will prevail. JEA will
not accept Responses transmitted via email.

IF RESPONDENT IS INTERESTED IN RECEIVING A RESPONSE FORM IN A WORD FORMAT,


PLEASE EMAIL [email protected], WITH THE REQUEST. REQUESTS MUST BE MADE NO
LATER THAN FIVE (5) BUSINESS DAYS BEFORE RESPONSE OPENING.

1.5.2. ADDENDA
JEA may issue Addenda prior to the opening of Responses to change or clarify the intent of this Invitation to
Negotiate (ITN). The Respondent shall be responsible for ensuring it has received all Addenda prior to submitting
its Response and shall acknowledge receipt of all Addenda by completing the Confirmation of Receipt of ITN
Addenda. JEA will post Addenda when issued online at JEA.com. Companies must obtain Addenda from the
JEA.com website. All Addenda will become part of the ITN and any resulting Contract Documents. It is the

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responsibility of each Respondent to ensure it has received and incorporated all Addenda into its Response. Failure
to acknowledge receipt of Addenda may be grounds for rejection of a Response at JEA's sole discretion.

1.5.3. CONTRACT EXECUTION AND START OF WORK


Within thirty (30) days from the date of Award, JEA will present the successful Respondent with the Contract
Documents. Unless expressly waived by JEA, the successful Respondent shall execute a Contract for the Work or
Services within ten (10) days after receiving the Contract from JEA. If the Respondent fails to execute the Contract
or associated documents as required, or if it fails to act on a JEA-issued Purchase Order (PO), JEA may cancel the
Award with no further liability to the Respondent, retain the bid security or bond (if applicable), and Award to the
next-ranked company.

Upon JEA's receipt of the executed Contract and certificate of insurance, JEA will issue a PO, in writing and signed
by an authorized JEA representative as acceptance of the Response and authorization for the company to proceed
with the Work, unless otherwise stated in the Contract or PO.

1.5.4. DEFINED TERMS


Words and terms defined in the Section entitled "Definitions" of this document are hereby incorporated by reference
into the entire document.

1.5.5. EX PARTE COMMUNICATION


Ex Parte Communication is defined as any inappropriate communication concerning an ITN between a company
submitting a Response and a JEA representative during the time in which the ITN is being advertised through the
time of Award. Examples of inappropriate communications include: private communications concerning the details
of the ITN in which a company becomes privy to information not available to the other Respondents. Social contact
between companies and JEA Representatives should be kept to an absolute minimum during the ITN process.

Ex Parte Communication is strictly prohibited. Failure to adhere to this policy will disqualify the noncompliant
company's Response. Any questions or clarifications concerning this ITN must be sent in writing via email to the
JEA Buyer at least five (5) business days prior to the opening date. If determined by JEA, that a question should be
answered or an issue clarified, JEA will issue an addendum to all Respondents.

1.5.6. CERTIFICATION AND REPRESENTATIONS OF THE COMPANY


By signing and submitting the Response Form, the Respondent certifies and represents as follows:

A. That the individual signing the Response Form is a duly authorized agent or officer of the
Respondent. Responses submitted by a corporation must be executed in the corporate name
by the President or Vice President. If an individual other than the President or Vice President
signs the Response Form, satisfactory evidence of authority to sign must be submitted upon
request by JEA. If the Response is submitted by a partnership, the Response Form must be
signed by a partner whose title must be listed under the signature. If an individual other than a
partner signs the Response Form, satisfactory evidence of authority to sign must be submitted
upon request by JEA.

B. That every aspect of the Response and the detailed schedule for the execution of the Work, are
based on its own knowledge and judgment of the conditions and hazards involved, and not
upon any representation of JEA. JEA assumes no responsibility for any understanding or
representation made by any of its representatives during or prior to execution of the Contract

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unless such understandings or representations are expressly stated in the Contract and the
Contract expressly provides that JEA assumes the responsibility.

C. The corporation or partnership must be in active status at the Florida Division of Corporations
(www.sunbiz.org) prior to any subsequent Award of Contract.

D. That the Respondent maintains in active status any and all licenses, permits, certifications,
insurance, bonds and other credentials including, but not limited to, contractor’s license and
occupational licenses necessary to perform the Work. The Respondent also certifies that, upon
the prospect of any change in the status of applicable licenses, permits, certifications,
insurances, bonds or other credentials, the Respondent shall immediately notify JEA of status
change.

E. That the Respondent has read, understands and will comply with the Section titled Ethics.

1.5.7. ETHICS
By submitting a Response, the Respondent certifies this Response is made without any previous understanding,
agreement or connection with any other person, firm, or corporation submitting a Response for the same Work other
than as a Subcontractor or supplier, and that this Response is made without outside control, collusion, fraud, or other
illegal or unethical actions. The Respondent shall comply with all JEA and City of Jacksonville ordinances, policies
and procedures regarding business ethics.

The Respondent shall submit only one Response in response to this Solicitation. If JEA has reasonable cause to
believe the Respondent has submitted more than one Response for the same Work, other than as a Subcontractor or
subsupplier, JEA shall disqualify the Response and may pursue debarment actions.

The Respondent shall disclose the name(s) of any public officials who have any financial position, directly or
indirectly, with this Response by completing and submitting the Conflict of Interest Certificate Form found at
jea.com. Failure to fully complete and submit the Conflict of Interest Certificate may disqualify the Response. If
JEA has reason to believe that collusion exists among the Respondents, JEA shall reject any and all Responses from
the suspected Respondent s and will proceed to debar Respondent from future JEA Awards in accordance with the
JEA Procurement Code.

JEA is prohibited by its Charter from awarding contracts to JEA officers or employees, or in which a JEA officer or
employee has a financial interest. JEA shall reject any and all Responses from JEA officers or employees, as well as,
any and all Responses in which a JEA officer or employee has a financial interest.

In accordance with Florida Statutes Sec. 287.133, JEA shall reject Responses from any persons or affiliates
convicted of a public entity crime as listed on the Convicted Vendor list maintained by the Florida Department of
Management Services. JEA shall not make an Award to any officer, director, executive, partner, shareholder,
employee, member, or agent active in management of the Respondent listed on the Convicted Vendor list for any
transaction exceeding $35,000.00 for a period of thirty-six (36) months from the date of being placed on the
Convicted Vendor list.

If the Respondent violates any requirement of this clause, the Response may be rejected and JEA may debar
offending companies and persons.

1.5.8. JEA PUBLICATIONS


Applicable JEA publications are available at jea.com.

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1.5.9. MATHEMATICAL ERRORS
In the event of a mathematical error in calculation of the prices entered on the Response, the Unit Prices will
prevail. The corrected Response Price utilizing the Unit Prices will be used to determine if the Company is
Awarded the Work or the Services. Subsequently, the Unit Prices will be used throughout the term of the Contract.

1.5.10. MODIFICATION OR WITHDRAWAL OF RESPONSES


The Respondent may modify or withdraw its Response at any time prior to the Response Due Date and Time by
giving written notice to JEA's Chief Procurement Officer. JEA will not accept modifications submitted by
telephone, telegraph, email, or facsimile, or those submitted after Response Due Date and Time. The Respondent
shall not modify or withdraw its Response from time submitted and for a period of ninety (90) days following the
opening of Responses.

1.5.11. PROTEST OF ITN AND AWARD PROCESS


Respondents shall file any protests regarding this ITN in writing, in accordance with the JEA Purchasing Code, as
amended. Copies of the JEA Purchasing Code are available online at www.jea.com.

1.5.12. RESERVATION OF RIGHTS TO JEA


This ITN provides potential Companies with information to enable the submission of written offers. This ITN is not
a contractual offer or commitment by JEA to purchase products or services.

Responses shall be good for a period of ninety (90) days following the opening of the Responses.

JEA reserves the right to reject any or all Responses, or any part thereof, and/or to waive informalities if such action
is in its best interest. JEA may reject any Responses that it deems incomplete, obscure or irregular including, but not
limited to, Responses that omit a price on any one or more items for which prices are required, Responses that omit
Unit Prices if Unit Prices are required, Responses for which JEA determines that the Response is unbalanced,
Responses that offer equal items when the option to do so has not been stated, Responses that fail to include a Bid
Bond, where one is required, and Responses from Companies who have previously failed to satisfactorily complete
JEA contracts of any nature or who have been scored by JEA as "Unacceptable" and as a result, are temporarily
barred from bidding additional work.

JEA reserves the right to cancel, postpone, modify, reissue and amend this ITN at its discretion.

JEA reserves the right to cancel or change the date and time announced for opening of Responses at any time prior
to the time announced for the opening of Responses. JEA may Award the Contract in whole or in part. In such cases
whenever JEA exercises any of these reservations, JEA will make a commercially reasonable effort to notify, in
writing, all parties to whom ITNs were issued. JEA may award multiple or split Contracts if it is deemed to be in
JEA's best interest.

1.5.13. SUNSHINE LAW


General
Article I, Section 24, Florida Constitution, guarantees every person access to all public records and Chapter 119,
Florida Statutes, provides a broad definition of public records. JEA is a body politic and corporate and subject to
these laws and related statutes ("Florida's Public Records Laws"). All responses to this ITN are public record and
available for public inspection unless specifically exempt by law.

Redacted Submissions

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If a Respondent believe that any portion of the documents, data or records submitted in response to this ITN are
exempt from Florida's Public Records Law, Respondent must (1) clearly segregate and mark the specific sections of
the document, data or records as "Confidential," (2) cite the specific Florida Statute or other legal authority for the
asserted exemption, and (3) provide JEA with a separate redacted copy of its response (the "Redacted Copy"). The
cover of the Redacted Copy shall contain JEA's title and number for this ITN and Respondent's name, and shall be
clearly labeled "Redacted Copy." Respondent should only redact those portions of records that Respondent claims
are specifically exempt from the Florida Public Records Laws. If Respondent fails to submit a redacted copy of
information it claims is confidential, JEA is authorized to produce all documents, data and other records submitted
to JEA in answer to a public records request for such information.

In the event of a request for public records to which documents that are marked as confidential are responsive, JEA
will provide the Redacted Copy to the requestor. If a requestor asserts a right to any redacted information, JEA will
notify Respondent that such an assertion has been made. It is Respondent's responsibility to respond to the requestor
to assert that the information in question is exempt from disclosure under applicable law. If JEA becomes subject to
a demand for discovery or disclosure of Respondent's redacted information under legal process. JEA shall give
Respondent prompt notice of the demand prior to releasing the information (unless otherwise prohibited by
applicable law.) Respondent shall be responsible for defending its determination that the redacted portions of its
response are not subject to disclosure.

By submitting a response to this ITN, Respondent agrees to protect, defend, and indemnify JEA from and against all
claims, demands, actions, suits, damages, losses, settlements, costs and expenses (including but not limited to
reasonable attorney fees and costs) arising from it relating to Respondent's determination that the redacted portions
of its response to this Solicitation are not subject to disclosure.

IF THE RESPONDENT HAS QUESTIONS REGARDING THE


APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
RESPONDENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS SOLICITATION, CONTACT THE JEA CUSTODIAN OF
PUBLIC RECORDS AT: Public Records Request Coordinator, JEA, 21 West
Church Street, T-8, Jacksonville, FL 32202, Ph: 904-665-8606,
[email protected]
1.5.14. SUBCONTRACTORS
The Respondent shall list the names of the major Subcontractors that it intends to use for this Work, unless the Work
will be self-performed by the Respondent. The Subcontractors shall be listed on the Subcontractors Form which is
available at jea.com. Failure to submit this form with the Response shall result in rejection of company's Response.
The Respondent shall not use Subcontractors other than those shown on the Subcontractor Form unless it shows
good cause and obtains the JEA Representative's prior written consent.

If the Respondent plans to use Subcontractors to perform over fifty percent (50%) of the Work, the Respondent shall
obtain JEA's approval at least five (5) days prior to the Response Due Date. Failure to obtain JEA approval shall
result in rejection of the company's Response.

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1.6. JACKSONVILLE SMALL AND EMERGING BUSINESS (JSEB) PROGRAM REQUIREMENTS

1.6.1. OPTIONAL USE OF JACKSONVILLE SMALL AND EMERGING BUSINESS (JSEB)


PROGRAM
It is at the Respondent's option as to whether it chooses to subcontract to a JSEB firm. JEA encourages the use of
JSEB qualified firms; however, the Respondent is not required to utilize JSEB firms to be Awarded this Contract.

JSEB firms that qualify for this Contract are only those shown on the current City of Jacksonville JSEB directory
appearing at www.COJ.net. Certification of JSEB firms must come from the City of Jacksonville. No other agency
or organization is recognized for purposes of this Contract.

In no case shall the Respondent make changes to the JSEB firms listed in its Response, revise the JSEB Scope of
Work or amount of Work as stated in its Response without prior written notice to the JEA Contract Administrator,
and without subsequent receipt of written approval for the JEA Contract Administrator.

Any subcontractors of Respondent shall procure and maintain the insurance required of Respondent hereunder
during the life of the subcontracts. Subcontractors' insurance may either be by separate coverage or by endorsement
under insurance provided by Respondent. Note: Any JSEB firms identified by Respondent for this Solicitation are
considered "Subcontractors" under the direct supervision of the Prime or General Contractor (herein referred to as
Respondent in this Solicitation). Respondents should show good faith efforts in providing assistance to JSEB firms
in the securing of Subcontractors' insurance requirements stated in this section. Respondent shall submit
subcontractors' Certificates of Insurance to JEA prior to allowing subcontractors to perform Work on JEA's job sites.

All question and correspondence concerning the JSEB program should be addressed to the following contact: Jenny
McCollum, Procurement/JSEB Manager, JEA, (904) 665-4103, [email protected].

2. CONTRACT TERMS AND CONDITIONS

2.1. CONTRACT TERMS AND CONDITIONS

2.2. DEFINITIONS

2.2.1. DEFINITIONS
Words and terms defined in this section shall have the same meaning throughout all parts of this Solicitation and
Contract Documents. Where intended to convey the meaning consistent with that set forth in its definition, a defined
word or term is marked by initial capitalization. The "Technical Specifications" portion of this Solicitation may
define additional words and terms where necessary to clarify the Work. Unless otherwise stated in this Solicitation
and/or Contract Documents, definitions set forth in the "Technical Specifications" shall apply only within the
"Technical Specifications."

2.2.2. ACCEPTANCE
JEA's written notice by the JEA Representative to the Company that all Work as specified for an individual Task
Authorization has been completed to JEA's satisfaction. Acceptance does not in any way limit JEA's rights under
the Contract or applicable laws, rules and regulations.

2.2.3. ADDENDUM/ADDENDA
A written change or changes to the Solicitation which is issued by JEA Procurement Services and is incorporated
into the Solicitation as a modification, revision and/or further clarification of the intent of the Solicitation.

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2.2.4. ADMINISTRATIVE WORK
Actions primarily performed in an office environment and associated with preparing to perform or administer the
Work including, but not limited to, preparing Work schedules, obtaining bonds, executing Contracts, securing
resources and other actions specified in the Solicitation, or otherwise prudent to ensure a timely, safe and otherwise
compliant start and performance of Field Work. Administrative Work is not performed at the Work Location.

2.2.5. APPLICATION FOR PAYMENT


The form required for payment which shall include all items required pursuant to the contract for the payment to be
processed by JEA. Such form shall require the Contractor expressly state that the Contractor has fulfilled all
obligations for the previous payments issued to the Contractor, including payment for subcontractors and materials.
The Application for Payment includes all forms and supporting documentation as required by the Contract
documents.

2.2.6. APPROVED SCHEDULE


A Critical Path Method Schedule or a Summary Schedule for the Work approved in writing by the Contract
Administrator.

2.2.7. ANNIVERSARY DATE


The date which is twelve (12) months after the effective date of the Contract, and each date which is twelve (12)
months after an Anniversary Date that occurs while the Contract is in effect.

2.2.8. AWARD
The written approval of the JEA Awards Committee that the procurement process for the purchase of the Work was
in accordance with the JEA Procurement Code and Florida Statutes. Once an Award is approved, JEA will either
issue a Purchase Order or execute a Contract with the successful Respondent or proposer.

2.2.9. CHANGE ORDER


A written order issued after execution of the Contract to the Company signed by the Contract Administrator, or his
designated representative, authorizing an addition, deletion, or revision of the Work, or an adjustment in the
Contract Price or the Contract Time. Change Orders do not authorize expenditures greater than the monies
encumbered by JEA, which is shown on the associated Purchase Order(s). An executed Change Order resolves all
issues related to price and time for the Work included in the Change Order. A Change Order that involves a material
change to the Contract may result in a Contract Amendment.

2.2.10. COMPANY
The legal person, firm, corporation or any other entity or business relationship with whom JEA has executed the
Contract. Where the word "Company" is used it shall also include permitted assigns. Prime Contractor, Contractor,
Vendor, Supplier and Company shall be considered synonymous for the purpose of the Contract.

2.2.11. CONTRACT
An agreement between JEA and the Respondent, signed by both parties, which incorporates all the Contract
Documents. The Contract shall not be altered without an Amendment to the Contract and executed by JEA and the
Respondent, or a JEA issued Change Order.

2.2.12. CONTRACT ADMINISTRATOR


The individual assigned by JEA to have authority to administer the Contract, including the authority to negotiate all
elements of the Contract with the Company, authorize Change Orders within the maximum amount awarded,

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terminate the Contract, seek remedies for nonperformance including termination, and otherwise act on behalf of JEA
in all matters regarding the Contract. The Contract Administrator may authorize JEA Representative in writing to
make minor changes to the Work with the intent of preventing Work disruption.

2.2.13. CONTRACT AMENDMENT


A written document signed by JEA and the Company issued after the execution of the original Contract which
authorizes an addition, deletion or revision of the Scope of Work, or an adjustment in the Contract Price or the Term
of the Contract. Contract Amendments do not authorize expenditures greater than the monies encumbered by JEA,
which is stated on the associated Purchase Order(s). An executed Contract Amendment resolves all issues related
to the Contract Price and the Term of the Contract.

2.2.14. CONTRACT PRICE


The total amount payable to the Company during the initial Term of the Contract. However, this amount is not a
guaranteed amount. Also referred to as the "Maximum Indebtedness" of JEA.

2.2.15. CONTRACT TIME


The number of calendar days or the period of time from when the written Purchase Order is issued to the Company,
to the date Company has agreed to complete the Work, as set forth in the Contract Documents.

2.2.16. DEFECT
Work that fails to reach Acceptance, or Work that fails meet the requirements of any required test, inspection or
approval, and any Work that meets the requirements of any test or approval, but nevertheless does not meet the
requirements of the Contract Documents.

2.2.17. ENVIRONMENTAL REGULATIONS


All laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now or
hereafter enacted, promulgated, or amended, of the United States, the states, the counties, the cities, or any other
political subdivisions in which the Work Location is located, and any other political subdivision, agency or
instrumentality exercising jurisdiction over JEA, the Work Location, or the use of the Work Location, relating to
pollution, the protection or regulation of human health, natural resources, or the environment, or the emission,
discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous
substances or waste or Hazardous Materials (as defined in this Contract) into the environment (including, without
limitation, ambient air, surface water, ground water or land or soil).

2.2.18. FIELD WORK


Actions associated with meeting the requirements of the Contract other than Administrative Work. Field Work is
primarily performed at the Work Location.

2.2.19. FINAL COMPLETION


The point in time after JEA makes the determination that the Work is completed and there is Acceptance by JEA,
and the Company has fulfilled all requirements of the Contract Documents.

2.2.20. FINAL PAYMENT


The Final Payment for all Work performed. Final Payment shall not be made until the Company has complied with
all the Contract requirements, and provided as necessary close-out documents as contained in the Contract.

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2.2.21. HAZARDOUS MATERIALS
Any substance which is or contains (i) any "hazardous substance" as now or hereafter defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. '9601 et seq.)
("CERCLA") or any regulations promulgated under or pursuant to CERCLA; (ii) any "hazardous waste" as now or
hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C. '6901 et. seq.) ("RCRA") or
regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the Toxic Substances Control
Act (15 U.S.C. '2601 et seq.); (iv) gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos
containing materials, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) radon gas; and
(viii) any additional substances or materials which are now or hereafter classified or considered to be hazardous or
toxic under Environmental Requirements (as hereinafter defined) or the common law, or any other applicable laws
relating to the Licensed Property. Hazardous Materials shall include, without limitation, any substance, the presence
of which on the Licensed Property, (A) requires reporting, investigation or remediation under Environmental
Requirements; (B) causes or threatens to cause a nuisance on the Licensed Property or adjacent property or poses or
threatens to pose a hazard to the health or safety of persons on the Licensed Property or adjacent property; or (C)
which, if it emanated or migrated from the Licensed Property, could constitute a trespass.

2.2.22. HOLIDAYS
The following days: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas
Day.

2.2.23. INVITATION TO NEGOTIATE


The document (which may be electronic) issued by the JEA Procurement Department to solicit Responses from
Companies that includes, but not limited to, the Minimum Qualifications Form, samples of contract documents and
addenda. Also referred to as "Solicitation".

2.2.24. INVOICE
A document seeking payment to the Company from JEA for all or a portion of the Work, in accordance with the
Contract Documents, and including at a minimum the following items: the Company's name and address, a
description of the product(s) or service(s) rendered, a valid JEA PO number, the amount payable, the Unit Price, the
payee name and address, any associated JSEB forms and any other supporting documentation required by the
Contract Documents.

2.2.25. JEA
JEA on its own behalf, and when the Work involves St. Johns River Power Park (SJRPP), as agent for Florida
Power and Light Company (FPL). JEA and FPL are co-owners of SJRPP.

2.2.26. JEA REPRESENTATIVES


The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer, Field
Engineer, Project Manager, and other persons designated by the Contract Administrator as JEA Representatives
acting in a capacity related to the Work or Contract under the authority of the Contract Administrator.

2.2.27. LUMP SUM BULK BID PRICE


The total amount payable to the Company under the Contract Documents for performing the bulk bid Work.

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2.2.28. MILESTONE
A point in time representing a key or important intermediate event in the Work. A Milestone is to be capable of
validation by meeting all of the items prescribed in a defining checklist as agreed to in writing by JEA.

2.2.29. NOTICE TO PROCEED


The written notice, duly authorized and delivered by JEA, that authorizes the Company to begin the Work. The
Notice to Proceed is normally issued in the form of a Purchase Order, unless otherwise specified in the Contract
Documents.

2.2.30. PERFORMANCE - ACCEPTABLE PERFORMANCE/PERFORMER


The Respondent averages more than 2.80 and less than 4.0 across all performance scorecard evaluation metrics, and
does not receive a score of less than 2.0 on any metric.

2.2.31. PERFORMANCE - TOP PERFORMANCE/PERFORMER


The Respondent averages 4.0 or more across all scorecard evaluation metrics and does not receive a score of less
than 4.0 on any one metric.

2.2.32. PERFORMANCE - UNACCEPTABLE PERFORMANCE/PERFORMER


The Company averages less than 2.80 across all scorecard evaluation metrics, or scores a 1.0 on any one metric
regardless of average, or receives a score of 2.0 on the same metric on two sequential performance evaluations.

2.2.33. PURCHASE ORDER (PO)


A commercial document issued by JEA, authorizing work, indicating types, quantities, and agreed prices for
products or services the Company will provide to JEA. Sending a PO to a Company constitutes a legal offer to buy
products or services. The words "Purchase Order" are clearly marked across the top, a PO number is used for
reference and invoicing purposes, includes an authorized JEA signature, and states the dollar amount of the
lawfully appropriated funds.

2.2.34. RESPONSE
The document describing the Company's offer submitted in response to this ITN.

2.2.35. RESPONDENT
The respondent to this Solicitation.

2.2.36. SCHEDULE
All documentation related to the planning and scheduling of the Work as described in these Terms and Conditions.

2.2.37. SUBCONTRACTOR
The legal person, firm, corporation or any other entity or business relationship that provides a portion of the work, or
provides supplies and materials, to the Company which has an executed Contract with JEA. JEA is not in privity of
contract with the Subcontractor.

2.2.38. SUBSTANTIAL COMPLETION (DEFINITION)


The time when JEA determines that the Work (or a specified part thereof) is substantially complete, in accordance
with the Contract Documents. Additionally, all work other than incidental corrective and incidental punch list work
items shall be completed. Substantial Completion shall not have been achieved if all systems and parts are not

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functional, if utilities are not connected and operating normally, if all required regulatory permits and approvals
have not been issued, or if all vehicular and pedestrian traffic routes affected by the Work have not been restored.
The date of Substantial Completion shall be established in writing by JEA. Recognition of the Work as Substantially
Complete, as evidenced by issuance of a Certificate of Substantial Completion, does not represent JEA's Acceptance
of the Work.

2.2.39. TASK AUTHORIZATION


A document that describes the Work or describes a series of tasks that the Company will perform in accordance with
the Contract Documents.

2.2.40. TERM
The period of time during which the Contract is in force or until the Contract's Maximum Indebtedness is reached,
whichever occurs first.

2.2.41. UNIT PRICES


The charges to JEA for the performance of each respective unit of Work as stated in the Response Workbook,
Response Form, or Proposal Form, and incorporated into the the Contract Documents.

2.2.42. WORK OR SCOPE OF SERVICES


Work includes as defined in the Contract Documents all actions, products, documentation, electronic programs,
reports, testing, transport, administration, management, services, materials, tools, equipment, and responsibilities to
be furnished or performed by the Company under the Contract, together with all other additional necessities that are
not specifically recited in the Contract, but can be reasonably inferred as necessary to complete all obligations and
fully satisfy the intent of the Contract.

2.3. CONTRACT DOCUMENTS

2.3.1. ORDER OF PRECEDENCE


The Contract shall consist of JEA's Contract and/or Purchase Order together with the Solicitation including, but not
limited to, the executed Response Documents, which shall be collectively referred to as the Contract
Documents. This Contract is the complete agreement between the parties. Parol or extrinsic evidence will not be
used to vary or contradict the express terms of this Contract. The Contract Documents are complementary; what is
called for by one is binding as if called for by all. The Company shall inform JEA in writing of any conflict, error or
discrepancy in the Contract Documents upon discovery. Should the Company proceed with the Work prior to
written resolution of the error or conflict by JEA, all Work performed is at the sole risk of the Company. JEA will
generally consider this precedence of the Contract Documents in resolving any conflict, error, or discrepancy:

o Executed Contract Documents


o Contract Amendments
o Exhibits to Contract Documents
o Addenda to JEA ITN
o Drawings associated with this ITN
o Exhibits and Attachments to this ITN
o Technical Specifications associated with this ITN
o Response Documents
o References

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The figure dimensions on drawings shall govern over scale dimensions. Contract and detailed drawings shall govern
over general drawings. The Company shall perform any Work that may reasonably be inferred from the Contract as
being required whether or not it is specifically called for. Work, materials or equipment described in words that, so
applied, have a well-known technical or trade meaning shall be taken as referring to such recognized standards.

2.4. PRICE AND PAYMENTS

2.4.1. PAYMENT METHOD- TASK AUTHORIZATION


When JEA issues a Task Authorization (TA) with an associated Purchase Order, the Company shall invoice JEA in
accordance with the instructions set forth on the Purchase Order. JEA may pay the Company for the work described
on the Task Authorization either upon the Company's completion of and JEA's Acceptance of the entirety of the
Task Authorization work, or at JEA’s Acceptance of predetermined Milestones in the Task Authorization work as
specified by the Purchase Order.

Pursuant to the type of work authorized by the TA, JEA will either choose to bid the Work among the companies
currently under Contract for these Asbestos Removal and Lead Abatement Services, or the Work will be assigned to
a specific Company based on time and materials pricing (T&M).

2.4.2. COST SAVING PLAN


During the Term of this Contract, JEA and Company are encouraged to identify ways to reduce the total cost to JEA
related to the Work provided by the Company ("Cost Savings Plan"). JEA and Company may negotiate
Amendments to this Contract that support and allow such reductions in total costs including, but not limited to, the
sharing of savings resulting from implementation of cost-reducing initiatives between JEA and Company. The
decision to accept any cost savings plan shall be in the sole discretion of JEA, and JEA shall not be liable to
Company for any cost that may be alleged to be related to a refusal to accept a Cost Savings Plan proposed by
Company.

2.4.3. PRICE ADJUSTMENT-FIXED THREE YEARS, ANNUAL THEREAFER


Contract prices for labor rates will remain fixed through the first three (3) years of the Contract. Thereafter, the
Company may request a CPI adjustment annually for its labor rates. ALL OTHER RATES AND MARK UPS
SHALL BE FIXED FOR THE TERM OF THE CONTRACT.

Each request for a price adjustment, after the three (3) year period must be made within thirty (30) days after the
completion of each year from the date (Anniversary Date).

When a timely price adjustment request is received, JEA will recognize the price adjustment within thirty (30) days
after the Anniversary Date. No retroactive price adjustments will be allowed.

Unless the Company and JEA make other agreements, the annual price adjustment for the Contract shall be in
accordance with the Consumer Price Index for all urban consumers published monthly by the U.S. Department of
Labor, Bureau of Labor Statistics. The index used will be the unadjusted percent change for the previous 12 months
of the Company's written CPI adjustment request is received by JEA.

In the event the applicable price index publication ceases, the Company and JEA shall mutually agree on a
replacement index. If the Company and JEA fail to agree on a replacement index, the Contract shall terminate
effective on the next Anniversary Date.

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2.4.4. DISCOUNT PRICING
JEA offers any or all of the following option payment terms, one of which may be executed at the request of the
Respondent by sending an email to the JEA Buyer listed in this Solicitation:

o 1% 20, net 30
o 2% 10, net 30

Respondent may request alternate payment terms for JEA's consideration, however, alternate payment terms are not
effective until acceptance by JEA in writing. Please note, all payment dates are calculated from the date of the
Invoice receipt by JEA's Accounts Payable.

2.4.5. INVOICING AND PAYMENT TERMS


Within sixty (60) days from completion of the Work, the Company shall submit all Invoices in accordance with the
payment method agreed upon in these Contract Documents. Invoices shall be submitted to the following address:
JEA Accounts Payable, P.O. Box 4910, Jacksonville, FL 32201-4910.

JEA will pay the Company the amount requested within thirty (30) calendar days after receipt of an Invoice from the
Company subject to the provisions stated below.

JEA may reject any Invoice or Application for Payment within twenty (20) calendar days after receipt. JEA will
return the Invoice or Application for Payment to the Company stating the reasons for rejection.

Upon receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Respondent the revised
amount within ten (10) days.

JEA may withhold payment if the Respondent is in violation of any conditions or terms of the Contract Documents.

In the case of early termination of the Contract, all payments made by JEA against the Contract Price prior to notice
of termination shall be credited to the amount, if any, due the Company. If the parties determine that the sum of all
previous payments and credits exceeds the sum due the Company, the Company shall refund the excess amount to
JEA within ten (10) days of determination or written notice.

2.4.6. PROMPT PAYMENT TO SUBCONTRACTORS, SUB-SUBCONTRACTORS AND


SUPPLIERS
When the Company receives payment from JEA for labor, services or materials furnished by Subcontractors and
suppliers that are hired by the Company, the Company shall remit payment due (less proper retainage) to those
Subcontractors and suppliers within ten (10) days after the Company's receipt of payment from JEA. Nothing herein
shall prohibit the Company from disputing, pursuant to the terms hereof, all or any portion of a payment alleged to
be due to its Subcontractors and suppliers. In the event of such dispute, the Company may withhold the disputed
portion of any such payment only after the Company has provided written notice to JEA and to the Subcontractor
and supplier whose payment is in dispute, stating the amount in dispute and specifically describing the actions
required to cure the dispute. The Company shall deliver such notice to JEA and to the said Subcontractor or supplier
within ten (10) days following the Company's receipt of payment from JEA. The Company shall pay all undisputed
amounts due within the time frames specified herein.

The prompt payment requirements herein shall, in no way, create any contractual relationship or obligation between
JEA and any Subcontractor, supplier, JSEB, or any third-party, nor create any JEA liability for the Company's
failure to make timely payments as required. The Company's failure to comply with the prompt payment
requirements, however, shall constitute a material breach of its contractual obligations to JEA. As a result of such

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breach, JEA, without waiving any other available remedy it may have against the Company, may issue joint checks
and charge the Company a 0.2% daily late payment interest charge or charges as specified within the Florida
Statutes, whichever is greater.

2.4.7. JSEB - INVOICING AND PAYMENT


If the Company utilizes JSEB certified firms, regardless of whether these Contract Documents require or encourage
the use of such firms, the Company shall Invoice for and report the use of JSEB certified firms according to the
format and guidelines established by the City of Jacksonville.

2.4.8. OFFSETS
In case the Company is in violation of any requirement of the Contract, JEA may withhold payments that may be
due the Company, and may offset existing balances with any JEA incurred costs against funds due the Company
under this and any other Company Contract with JEA, as a result of the violation, or other damages as allowed by
the Contract Documents and applicable law.

2.4.9. TAXES
JEA is authorized to self-accrue the Florida Sales and Use Tax and is exempt from Manufacturer's Federal Excise
Tax when purchasing tangible personal property for its direct consumption.

2.5. WARRANTIES AND REPRESENTATIONS

2.5.1. WARRANTY
The Company represents and warrants that it has the full corporate right, power and authority to enter into the
Contract and to perform the Work, and that the performance of its obligations and duties hereunder does not and will
not violate any Contract to which the Company is a party or by which it is otherwise bound.

The Company represents and warrants that it will conduct the Work in a manner and with sufficient labor, materials
and equipment necessary to affect a diligent pursuance of the Work.

The Company represents and warrants that it has the responsibility and capacity to train and supervise its
employees, Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract
Documents.

The Company represents and warrants that its employees and Subcontractors shall exercise the degree of skill and
care required by customarily accepted good practices and procedures.

The Company warrants that all items provided under the Contract shall be in accordance with the requirements of
this Contract and services shall be performed in a professional manner and with professional diligence and skill,
consistent with the prevailing standards of the industry. The Company warrants that the Work will meet the service
levels, functional and performance requirements defined in the Contract.

The Company warrants all Work for a period of one year following Acceptance of the Work. If any failure to meet
the foregoing warranty appears within one year after Acceptance, the Company shall again perform the Work
directly affected by such failure at the Company's sole expense.

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2.6. INSURANCE, INDEMNITY, RISK OF LOSS & BONDING

2.6.1. INSURANCE

INSURANCE REQUIREMENTS
Before starting and until acceptance of the Work by JEA, and without further limiting its liability under the
Contract, Company shall procure and maintain at its sole expense, insurance of the types and in the minimum
amounts stated below:

Workers' Compensation
Florida Statutory coverage and Employer's Liability (including appropriate Federal Acts); Insurance Limits:
Statutory Limits (Workers' Compensation) $500,000 each accident (Employer's Liability).

Commercial General Liability


Premises-Operations, Products-Completed Operations, Contractual Liability, Independent Contractors, Broad Form
Property Damage, Explosion, Collapse and Underground, Hazards (XCU Coverage) as appropriate; including
Pollution Liability; Insurance Limits: $1,000,000 each occurrence, $2,000,000 annual aggregate for bodily injury
and property damage, combined single limit.

Automobile Liability
All autos-owned, hired, or non-owned; including Pollution Liability; Insurance Limits: $1,000,000 each occurrence,
combined single limit.

Excess or Umbrella Liability


(This is additional coverage and limits above the following primary insurance: Employer's Liability,
Commercial General Liability, and Automobile Liability); Insurance Limits: $4,000,000 each occurrence and
annual aggregate.

Company’s Commercial General Liability, Excess or Umbrella Liability policies shall be effective for two (2) years
after Work is complete. The above Indemnification provision is separate and is not limited by the type of insurance
or insurance amounts stated above.

Company shall specify JEA as an additional insured for all coverage except Workers’ Compensation, Employer’s
Liability, and Professional Liability. Such insurance shall be primary to any and all other insurance or self-insurance
maintained by JEA. Company shall include a Waiver of Subrogation on all required insurance in favor of JEA, its
board members, officers, employees, agents, successors and assigns.

Such insurance shall be written by a company or companies licensed to do business in the State of Florida and
satisfactory to JEA. Prior to commencing any Work under this Contract, certificates evidencing the maintenance of
the insurance shall be furnished to JEA for approval. Company's and its subcontractors' Certificates of Insurance
shall be mailed to JEA (Attn. Procurement Services), Customer Care Center, 6th Floor, 21 West Church Street,
Jacksonville, FL 32202-3139.

The insurance certificates shall provide that no material alteration or cancellation, including expiration and non-
renewal, shall be effective until thirty (30) days after receipt of written notice by JEA.

Any subcontractors of Company shall procure and maintain the insurance required of Company hereunder during
the life of the subcontracts. Subcontractors' insurance may be either by separate coverage or by endorsement under
insurance provided by Company. Note: Any JSEB firms identified by Proposers for this Solicitation are considered

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"Subcontractors" under the direct supervision of the Prime or General Contractor (herein referred to as "Company").
Companies should show good faith efforts in providing assistance to JSEB firms in the securing of the
Subcontractors' insurance requirements stated herein. Company shall submit subcontractors' certificates of insurance
to JEA prior to allowing Subcontractors to perform Work on JEA's job sites.

2.6.2. INDEMNIFICATION
For ten dollars ($10.00) acknowledged to be included and paid for in the contract price and other good and valuable
considerations, the Company shall hold harmless and indemnify JEA against any claim, action, loss, damage, injury,
liability, cost and expense of whatsoever kind or nature (including, but not by way of limitation, reasonable
attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death, or
damage to property, arising out of or incidental to the negligence, recklessness or intentional wrongful misconduct
of Company and any person or entity used by the Company in the performance of this Contract or Work performed
thereunder. For purposes of this Indemnification, the term "JEA" shall mean JEA as a body politic and corporate and
shall include its governing board, officers, employees, agents, successors and assigns. This indemnification shall
survive the term of a Contract entered into pursuant to this solicitation, for events that occurred during the Contract
term. This indemnification shall be separate and apart from, and in addition to, any other indemnification provisions
set forth elsewhere in this Contract.

2.6.3. TITLE AND RISK OF LOSS


Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shall assume
all risk of loss or damage to the Work while items are in transit and/or in the Company's custody until such time that
JEA issues written notice of Acceptance.

JEA's receipt or delivery of any equipment or other materials will not constitute JEA's Acceptance of the Work and
will not constitute a waiver by JEA of any right, claim or remedy. In the event of loss or damage to the Work, the
Company shall bear all costs associated with any loss or damage until Acceptance by JEA.

For equipment and materials removed from JEA sites or the Work locations for repairs, service or duplication, JEA
will retain the title to equipment and materials removed.

2.7. TERM AND TERMINATION

2.7.1. TERM OF CONTRACT – DEFINED DATES


This Contract shall commence on the effective date of the Contract, and continue and remain in full force and effect
as to all its terms, conditions and provisions as set forth herein for five (5) years, or until the Contract's Maximum
Indebtedness is reached, whichever occurs first. It is at JEA's sole option to renew the Contract.

It is at JEA's sole option to renew the Contract for an additional one (1) year period.

This Contract, after the initial year shall be contingent upon the existence of lawfully appropriated funds for each
subsequent year of the Contract.

2.7.2. TERMINATION FOR CONVENIENCE


JEA shall have the absolute right to terminate the Contract in whole or part, with or without cause, at any time after
the Award effective date upon written notification of such termination.

In the event of termination for convenience, JEA will pay the Company for all disbursements and expenses that the
Company has incurred, or has become obligated prior to receiving JEA's notice of termination.

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Upon receipt of such notice of termination, the Company shall stop the performance of the Work hereunder except
as may be necessary to carry out such termination and take any other action toward termination of the Work that
JEA may reasonably request, including all reasonable efforts to provide for a prompt and efficient transition as
directed by JEA.

JEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with,
termination including, but not limited to, lost profits, lost opportunities, resulting change in business condition,
except as expressly stated within these Contract Documents.

2.7.3. SUSPENSION OF WORK


JEA may suspend the performance of the Work by providing the Company with five (5) days' written notice of such
suspension. Schedules and compensation for performance of the Work shall be amended by mutual agreement to
reflect such suspension. In the event of suspension of Work, the Company shall resume full performance of the
Work when JEA gives written direction to do so. Suspension of Work for reasons other than the Company's
negligence or failure to perform, shall not affect the Company's compensation as outlined in the Contract
Documents.

2.7.4. TERMINATION FOR DEFAULT


JEA may give the Company written notice to discontinue all Work under the Contract in the event that:

• The Company assigns or subcontracts the Work without prior written permission;
• Any petition is filed or any proceeding is commenced by or against the Company for relief under
any bankruptcy or insolvency laws;
• A receiver is appointed for the Company's properties or the Company commits any act of
insolvency (however evidenced);
• The Company makes an assignment for the benefit of creditors;
• The Company suspends the operation of a substantial portion of its business;
• The Company suspends the whole or any part of the Work to the extent that it impacts the
Company's ability to meet the Work schedule, or the Company abandons the whole or any part of
the Work;
• The Company, at any time, violates any of the conditions or provisions of the Contract
Documents, or the Company fails to perform as specified in the Contract Documents, or the
Company is not complying with the Contract Documents;
• The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA's sole
opinion, defective or of unacceptable quality;
• The Company breaches any of the representations or warranties;
• The Company is determined, in JEA's sole opinion, to have misrepresented the utilization of funds
or misappropriate property belonging to JEA; or
• Any material change in the financial or business condition of the Company.

If within fifteen (15) days after service of such notice upon the Company an arrangement satisfactory to JEA has not
been made by the Company for continuance of the Work, then JEA may declare Company to be in default of the
Contract.

Once Company is declared to be in default, JEA will charge the expenses of completing the Work to the Company
and will deduct such expenses from monies due, or which at any time thereafter may become due, to the Company.
If such expenses are more than the sum that would otherwise have been payable under the Contract, then the
Company shall pay the amount of such excess to JEA upon receipt of notice of the expenses from JEA. JEA shall

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not be required to obtain the lowest price for completing the Work under the Contract, but may make such
expenditures that, in its sole judgment, shall best accomplish such completion. JEA will, however, make reasonable
efforts to mitigate the excess costs of completing the Work.

The Contract Documents shall in no way limit JEA's right to all remedies for nonperformance provided under law or
in equity, except as specifically set forth herein. In the event of termination for nonperformance, the Company shall
immediately surrender all Work records to JEA. In such a case, JEA may set off any money owed to the Company
against any liabilities resulting from the Company's nonperformance.

JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient performance
letters and scorecards, to the Company regarding its performance prior to default by Company for performance
related issues.

JEA shall have no liability to the Company for termination costs arising out of the Contract, or any of the
Company's subcontracts, as a result of termination for default.

2.7.5. SHIPPING TO AND STORAGE AT WORK LOCATION


Shipping Materials and equipment to be installed by the Company shall be delivered by the Company to the Work
Location or such other place as may be designated by the Contract Administrator. Insofar as transportation
conditions will allow, items shall be shipped complete and ready for installation.

Where applicable, the Company shall be responsible for obtaining any permits required for transportation to the
Work Location. The Company shall provide an Advance Ship Notice to the Contract Administrator or designated
Work Location manager.

Storage: Under arrangement with the JEA Engineer, and upon his approval, a limited amount of temporary indoor
storage space may be made available, but only for the equipment that must be protected from the
weather. Equipment, for which arrangements have been made for indoor storage, shall be packed separately and the
container clearly marked "For Indoor Storage." For equipment that will be stored indoors and that will require
special storage precautions, the storage instructions shall be shown on the outside of each container, or in a durable
envelope identified as containing storage instructions and attached to the container.

2.8. PRELIMINARY MATTERS

2.8.1. WORK LOCATION


Work shall be performed at the following location(s): Main St – Sara Drive to Noah Road, Jacksonville FL.

2.8.2. UNFORESEEN CONDITIONS


The Company understands and agrees that it is its responsibility to conduct due diligence prior to the Work. Such
due diligence includes, but is not limited to, verifying all Work conditions, measurements, dimensions and latent and
patent obstructions, the accuracy of drawings, test results, inspections and other informational materials provided in
the Contract Documents, and any other causes for existing or potential changes to the Work prior to initiating the
Work. In the event that the Work must be changed due to the Company's failure to fulfill the above requirements,
the Company understands and agrees that it will be responsible for all costs associated with the changed condition.

In the event, however, that the Company exercises the requisite due diligence and a change to the Work becomes
necessary resulting from conditions that are clearly unforeseen and that could not have been discovered, the costs for
adjusting the Work in response to such unforeseen conditions shall be addressed in a Change Order or an

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amendment to the Contract executed by JEA and Company. Any Work the Company performs prior to receipt of
such Change Order or approved Contract amendment will be at the Company's sole risk.

2.9. CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTATION

2.9.1. PUBLIC RECORDS LAWS


Access to Public Records
All Documents, data and other records received by JEA in connection with the Contract are public records and
available for public inspection unless specifically exempt by law. The Company shall allow public access to all
documents, data and other records made or received by the Company in connection with the Contract unless the
records are exempt from Section 249(a) of Article I of the Florida Constitution or subsection 119.07(1), Florida
Statutes. JEA may unilaterally terminate the Contract of the Company refuses to allow public access as required
under the Contract.

Redacted copies of Confidential Information


If the Company believes that any portion of any documents, data or other records submitted to JEA are exempt from
disclosure under Chapter 119, Florida Statutes, the Florida Constitution and related laws ("Florida's Public Records
Laws"), Company must (1) clearly segregate and mark the specific sections of the document, data and records as
"Confidential", (2) cite the specific Florida Statute or other legal authority for the asserted exemption, and (3)
provide JEA with a separate redacted copy of the documents, data, or records (the "Redacted Copy"). The Redacted
Copy shall contain JEA's contract name and number, and shall be clearly titled "Redacted Copy". Respondent
should only redact those portions of records that Respondent claims are specifically exempt from disclosure under
Florida's Public Records Laws. If the Company fails to submit a redacted copy of documents, data, or other records
it claims is confidential, JEA is authorized to produce all documents, data, and other records submitted to JEA in
answer to a public records request for these records.

Request for Redacted Information


In the event of a public records or other disclosure request under Florida's Public Records Laws or other authority to
which the Company's documents, data or records are responsive, JEA will provide the Redacted Copy to the
requestor. If a Requestor asserts a right to any redacted information, JEA will notify the Company that such an
assertion has been made. It is the Company's responsibility to respond to the requestor to assert that the information
in questions is exempt from disclosure under applicable law. If JEA becomes subject to a demand for discovery or
disclosure of the redacted information under legal process, JEA shall give the Company prompt notice of the
demand prior to releasing the redacted information (unless otherwise prohibited by applicable law). The Company
shall be responsible for defending it determination that the redacted portions of the information are not subject to
disclosure.

Indemnification for Redacted Information


The Company shall protect, defend, and indemnify JEA from and against all claims, demands, actions, suits,
damages, liabilities, losses, settlements, judgments, costs, and expenses (including but not limited to reasonable
attorney's fees and costs) arising from or relating to the Company's assertion that all or any portion of its information
is not subject to disclosure.

Public Records Clause for Service Contracts


If, under the Contract, the Company is providing services and is acting on behalf of JEA as contemplated by
subsection 119.011(2), Florida Statutes, the Company shall:

• Keep and maintain public records that ordinarily and necessarily would be required by JEA in
order to perform service;

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• Provide the public with access to public records on the same terms and conditions that JEA would
provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida
Statues, or otherwise prohibited by law;
• Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
• Meet all requirements for retaining public records and transfer, at no cost, to JEA all public
records in possession of the Company upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically shall be provided to JEA in a format that is
compatible with the information technology systems of JEA.

IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION


OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

JEA
Attn: Public Records
21 West Church Street
Jacksonville, Florida 32202
Ph: 904-665-8606
[email protected]
2.9.2. PROPRIETARY INFORMATION
The Company shall not copy, reproduce, or disclose to third parties, except in connection with the Work, any
information that JEA furnishes to the Company. The Company shall insert in any subcontract a restriction on the use
of all information furnished by JEA. The Company shall not use this information on another project. All information
furnished by JEA will be returned to JEA upon completion of the Work.

2.9.3. PUBLICITY AND ADVERTISING


The Company shall not take any photographs, make any announcements or release any information concerning the
Contract or the Work to any member of the public, press or official body unless prior written consent is obtained
from JEA.

2.10. LABOR

2.10.1. NONDISCRIMINATION
The Company represents that it has adopted and will maintain a policy of nondiscrimination against employees or
applicants for employment on account of race, religion, sex, color, national origin, age or handicap, in all areas of
employee relations, throughout the Term of this Contract. The Company agrees that on written request, it will allow
JEA reasonable access to the Company's records of employment, employment advertisement, application forms and
other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination
provisions of this Contract; provided however, the Company shall not be required to produce, for inspection, records
covering periods of time more than one (1) year from the effective date of this Contract.

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The Company shall comply with the following executive orders, acts, and all rules and regulations implementing
said orders or acts, which are by this reference incorporated herein as if set out in their entirety:

• The provisions of Presidential Order 11246, as amended, and the portions of Executive Orders
11701 and 11758 as applicable to Equal Employment Opportunity;
• The provisions of section 503 of the Rehabilitation Act of 1973, as amended, and the Americans
with Disabilities Act (ADA); and
• The provisions of the Employment and Training of Veterans Act, 38 U.S.C. 4212 (formerly 2012).

The Company agrees that if any of the Work of this Contract will be performed by a Subcontractor, then the
provisions of this subsection shall be incorporated into and become a part of the subcontract.

2.10.2. LEGAL WORKFORCE


JEA shall consider the Company's employment of unauthorized aliens a violation of section 274A(e) of the
Immigration and Nationalization Act. Such violation shall be cause for termination of the Contract for default upon
thirty (30) days' prior written notice of such termination, notwithstanding any other provisions to the contrary in the
Contract Documents.

2.10.3. PROHIBITED FUTURE EMPLOYMENT


It shall be unlawful and a class C offense for any person, who was an officer or employee of JEA, after his or her
employment has ceased, to be employed by or enter into any contract for personal services, with a person or
company who contracted with, or had a contractual relationship with JEA, while the contract is active or being
completed, or within two years of the cessation, completion, or termination of the person's or company's contractual
relationship with JEA, where (1) the contract with JEA had a value that exceeded $250,000.00, and (2) the officer or
employee had a substantial and decision-making role in securing or negotiating the contract or contractual
relationship, or in the approval of financial submissions or draws in accordance with the terms of the contract;
except that this prohibition shall not apply to an employee whose role is merely as a review signatory, or to contracts
entered into prior to January 1, 2008, or to contracts that have been competitively procured. With respect to this
subsection a contract is competitively procured if it has been obtained through a sealed low bid award. A
"substantial and decision-making role" shall include duties and/or responsibilities that are collectively associated
with: (i) approving solicitation or payment documents; (ii) evaluating formal bids and proposals; and (iii) approving
and/or issuing award recommendations for JEA Awards Committee approval. The contract of any person or
business entity that hires or contracts for services with any officer or employee prohibited from entering into said
relationship shall be voidable at the pleasure of JEA. This prohibition shall not apply to any former officer or
employee after two years from cessation from JEA employment.

2.10.4. HIRING OF OTHER PARTY'S EMPLOYEES


Each party recognizes that the other party has incurred or will incur significant expenses in training its own
employees and agrees that it will not pursue or hire, without the other party's consent, the other party's employees or
the employees of its subsidiaries for a period of two (2) years from the termination date of this Contract.

2.10.5. COMPANY'S LABOR RELATIONS


The Company shall negotiate and resolve any disputes between the Company and its employees, or anyone
representing its employees. The Company shall immediately notify JEA of any actual or potential labor dispute that
may affect the Work and shall inform JEA of all actions it is taking to resolve the dispute.

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2.11. COMPANY'S RESPONSIBILITIES AND PERFORMANCE OF THE CONTRACT

2.11.1. JEA ACCESS BADGES


If the scope of work described in this Contract requires a Company to access JEA facilities, each Company
employee shall apply for a JEA access badge through JEA's Security Department. An appointment to obtain a JEA
access badge can be made by contacting JEA Security at [email protected]. Finally, JEA does not allow
Company employees to share JEA access badges. A Company, whose employees are found to be sharing JEA access
badges, will result in the Contract being terminated immediately for default. Additionally, JEA shall be notified
within six (6) hours of a lost or stolen JEA security badge or when an employee leaves the Company. Report badge
termination notifications to JEA Security at (904) 665-8200.

2.11.2. CHANGE IN SCOPE OF SERVICES


From time to time, JEA may direct changes and modifications to the scope of the services to be performed under this
Contract. The Company is willing and agreeable to accommodate such changes. Such changes shall be in the form
of a written amendment. The JEA Representative directly responsible for this Contract will make the final
determination as to whether any compensable change to the Company exists.

2.11.3. CHANGE IN THE WORK


To request or claim any change in the Work including, but not limited to change in scope, quantities, pricing, or
schedules, the Company shall submit a letter to the Contract Administrator stating such request or claim. JEA shall
have the right to approve or disapprove any request or claim for change as it deems necessary and in its best interests
consistent with the other Contract requirements. Whether requested by the Company, claimed by the Company, or
contemplated by JEA, no change shall be authorized unless made on a JEA Change Order signed by the Contract
Administrator or through a formal written amendment to this Contract.

In the event of an emergency endangering life or property where it is appropriate for the Company to take action, the
Company shall undertake such actions to preserve life and property. JEA and the Company will determine after
emergency is concluded, the extent of out-of-scope work performed by Company, and the Contract Administrator
will issue a Change Order or amend the Contract for such work, if any and as necessary.

All requests for changes filed by the Company shall be in writing delivered to the Contract Administrator within ten
(10) working days of when the event that prompted the claim was discovered or should have been discovered. Upon
receipt of the Company's claim notification, Contract Administrator will provide written direction as to the
procedures that will be used to address the request. The Company's request shall be sufficiently detailed including
itemized costs, condition and work descriptions and other information necessary to evaluate the merits of the claim.
The Contract Administrator may reject requests providing insufficient supporting information. Any change in the
Contract resulting from the request will be incorporated into the Contract via a Change Order or Purchase Order.
Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA's determination
will be final.

Where necessary, JEA will determine the value of work covered by a Change Order using one (1) of the following
methods:

• Where the work is covered by established Unit Prices contained in the Contract, the Unit Price
will be applied to the quantity of work;
• By mutual acceptance of lump sum price;
• By actual cost and a mutually acceptable fixed amount for overhead and profit, or

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• Where Bid Price was based on estimates quantities, prior to making final payment, JEA will
determine actual quantities using sampling, surveying and other industry recognized means and
prepare a Change Order adjusting the price to reflect actual volumes.

The Company shall immediately notify the Contract Administrator in writing of any unauthorized change in the
scope of the Work or significant change in the quantities of the Work that may increase the Contract Price, require
an extension of Work schedule, or negatively impact permitting or other regulatory requirements.

The Work schedule may be changed only by a Change Order or Purchase Order. The Company's request or claim
for a Work schedule adjustment shall be in writing delivered to the Contract Administrator within five (5) working
days following the discovery of the event that prompted the claim or when the event should have been discovered.
Where accepted by JEA, changes to Work schedule will only adjust for critical path impacts. Failure to include the
necessary critical path analysis with request shall be grounds for rejecting the claim. The path of critical events
mentioned herein means the series of interdependent Work events that must be sequentially performed and that
require a longer total time to perform than any other such series. Upon receipt of the Company's request for a change
in the Work schedule, the Contract Administrator will provide any additional directions in writing detailing the
procedures that will be used to resolve the request, including provision of time impact or manpower and equipment
loading schedules. Where JEA and the Company are unable to reach a mutually acceptable resolution of request,
JEA will make a commercially reasonable determination, made in accordance with JEA's Procurement Code, which
shall be final.

All Work defined on Change Orders shall be subject to the conditions of the Contract, unless specifically noted on
the Change Order.

2.11.4. CONFLICT OF INTEREST (CONSTRUCTION)


This conflict of interest policy applies to all JEA construction projects ("Project"). Any company bidding the
construction phase of a Project cannot at the time of Response submittal, be affiliated with or have any direct or
indirect ownership interest in the architect/engineer ("Designer") of record. The company will also be prohibited
from bidding if the Designer has any direct or indirect ownership interest in the Contractor. Should JEA erroneously
award a contract in violation of this policy, JEA may terminate the contract at any time with no liability to company,
and company shall be liable to JEA for all damages, including but not limited to the costs to rebid the Project. The
purpose of this policy is to encourage bidding and eliminate any actual or perceived advantage that one Respondent
may have over another.

2.11.5. CONSTRUCTION AND DEMOLITION DEBRIS


The Respondent shall complete and submit the Construction and Demolition Debris Disposal form which is
available at www.jea.com. The Respondent shall identify, by the Certificate of Necessity number and Public Works
number, the sites to which it will remove for disposal debris resulting from the Work. A list of approved sites may
be obtained from the JEA Office Section or jea.com.

2.11.6. UNABLE TO SUBMIT BID FORMS


If you elect not to submit a Response in response to this Solicitation, please complete the Unable to Submit
Response Form, available for download at www.jea.com, or by obtaining a hardcopy from the JEA Bid Office, 21
West Church St., Customer Center 1st Floor, Room 002, Jacksonville, FL 32202. The Respondent may contact the
Bid Office by phone at (904) 665-6740.

Send the completed Unable to Submit Response Form to:

JEA Bid Office

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21 West Church St., CC-1, Room 002
Jacksonville, FL 32202

or fax the Unable to Submit Bid Form to: (904) 665-7095.

Do not return the entire Solicitation package; simply return the Unable to Submit Bid Form.

2.11.7. MINIMUM QUALIFICATION OF COMPANY PERSONNEL


At a minimum, all Company personnel shall be qualified for the tasks they are assigned. All Company personnel
assigned to work at a JEA facility or job site shall be able to read, write, speak and understand English. All
Company personnel shall act in a professional manner, with due sensitivity to other persons at the Work Location. If
JEA, at its sole discretion, determines that a Company person is unqualified, unfit, or otherwise unsuitable for the
tasks assigned, the Company shall immediately stop the person from performing the tasks, and replace the person
with a qualified individual. The Company shall pay all costs associated with replacing the unqualified person
including, but not limited to, termination, recruiting, training, and certification costs.

The Company personnel assigned supervisory roles, and those with increased authority shall be held to strict
scrutiny of their qualifications and suitability for their positions. In addition to the other provisions of this Section,
the Company shall provide written documentation as to experience, education, licenses, certifications, professional
affiliations, and other qualifications of the individual, within one day of request from the Contract Administrator.
Any changes to such personnel after approval shall require the written permission of the Contract Administrator.

2.11.8. SHOW-UP PAY


In the event that inclement weather prevents the Company from performing Work, the Company may be obligated
to pay its crew a show-up pay. The Company shall be solely responsible for providing this pay.

2.11.9. COMPANY'S LABOR RELATIONS


The Company shall negotiate and resolve any disputes between the Company and its employees, or anyone
representing its employees. The Company shall immediately notify JEA of any actual or potential labor dispute that
may affect the Work and shall inform JEA of all actions it is taking to resolve the dispute.

2.11.10. COMPANY REPRESENTATIVES


The Company shall provide JEA with the name and responsibilities of the Company Representative, in writing after
Award of the Contract and before starting the Work under the Contract. Should the Company need to change the
Company Representative, the Company shall promptly notify JEA in writing of the change.

2.11.11. COMPANY REVIEW OF PROJECT REQUIREMENTS


The Company shall review the Work requirements and specifications prior to commencing Work. The Company
shall immediately notify the Contract Administrator in writing of any conflict with applicable law, or any error,
inconsistency or omission it may discover. JEA will promptly review the alleged conflicts, errors, inconsistencies or
omissions, and issue a Change Order or Purchase Order as appropriate if JEA is in agreement with the alleged
conflict, and issue revised specifications. Any Work the Company performs prior to receipt of approved Change
Order will be at the Company's sole risk.

2.11.12. LICENSES
The Company shall comply with all licensing, registration and/or certification requirements pursuant to applicable
laws, rules and regulations. The Company shall secure all licenses, registrations and certifications as required for the

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performance of the Work and shall pay all fees associated with securing them. The Company shall produce written
evidence of licenses and other certifications immediately upon request from JEA.

2.11.13. SAFETY AND PROTECTION PRECAUTIONS


The Company shall comply with all applicable federal, state and local laws, ordinances, all JEA procedures and
policies including any orders of any public body having jurisdiction for the safety of persons or protection of
property. The Company understands and agrees that a violation of any provision of this clause is grounds for
a Termination for Default, with no requirement to provide Company with a notice to cure. Additionally, the
Company shall be responsible for all JEA damages associated with such termination.

The Company understands and agrees that JEA Representatives may stop Work at any time that JEA, at its sole
discretion, considers the Company's Work to be unsafe or a risk to property, and to direct the Company to, at a
minimum, perform as directed in such a way as to render the Work environment safe. The Company understands
and agrees that it is responsible for paying all costs associated with providing a safe work environment including,
but not limited to, any costs associated with any JEA directed safety improvements. The Company further
understands and agrees that it is solely responsible for the safety of personnel and property associated with the
Work, and that any actions taken by JEA to prevent harm to persons or damage to equipment does not, in any way,
relieve the Company of this responsibility.

The Company Representative, or alternatively, the Company Supervisor, shall be designated as the Company's
individual responsible for the prevention of accidents.

2.12. VENDOR PERFORMANCE EVALUATION

2.12.1. VENDOR PERFORMANCE EVALUATION

Use of Vendor Performance Evaluation Scorecards


JEA may evaluate the Company's performance using the evaluation criteria shown on the vendor scorecard available
online at JEA.com.

Scores for all metrics shown on the evaluation range from a low of 1, meaning significantly deficient performance,
to a high of 5, meaning exceptionally good performance. The Company's performance shall be classified as Top
Performance, Acceptable Performance, or Unacceptable Performance, as defined herein. The evaluator will be a
designated JEA employee. The evaluator's supervisor and the Chief Purchasing Officer will review deficient
performance letters and Unacceptable Performance scorecards, as described below, prior to issuance. When
evaluating the Company's performance, JEA will consider the performance of the Company's Subcontractors and
suppliers, as part of the Company's performance.

Frequency of Evaluations
JEA may conduct performance evaluations and prepare scorecards in accordance with the procedures described
herein at any time during performance of the Work or soon after the completion of the Work. JEA may conduct one
or more evaluations determined solely at the discretion of JEA.

Unacceptable Performance
• If at any time, JEA determines, using the criteria described on the scorecard, that the performance
of the Company is Unacceptable, the Contract Administrator and Chief Procurement Officer or his
designated alternate will notify the Company of such in a letter. The Company shall have ten (10)
days to respond to the Contract Administrator. Such response shall include, and preferably be

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delivered in-person by an officer of the Company, the specific actions that the Company will take
to bring the Company's performance up to at least Acceptable Performance.
• Within thirty (30) days from date of the first Unacceptable Performance letter, the Contract
Administrator and Chief Purchasing Officer or his designated alternate will notify the Company
by letter as to whether its performance, as determined solely by JEA, is meeting expectations, or is
continuing to be Unacceptable. If the Company's performance is described in the letter as meeting
expectations, no further remedial action is required by the Company, as long as Company's
performance continues to be Acceptable.
• If the Company's performance as described in the letter continues to be Unacceptable, or is
inconsistently Acceptable, then the Company shall have fifteen (15) days from date of second
letter to demonstrate solely through its performance of the Work, that it has achieved Acceptable
Performance. At the end of the fifteen (15) day period, JEA will prepare a scorecard documenting
the Company's performance from the start of Work, or date of most recent scorecard, whichever is
latest, and giving due consideration to improvements the Company has made in its performance,
or has failed to make. If the scorecard shows Company's performance is Acceptable, then no
further remedial action is required by Company as long as Company's performance remains
Acceptable. If the scorecard shows the Company's performance is Unacceptable, JEA will take
such actions as it deems appropriate including, but not limited to, terminating the Contract for
breach, suspending the Company from bidding on any JEA related solicitations, and other
remedies available in the JEA Purchasing Code and in law. Such action does not relieve
the Company of its obligations under the Contract, nor does it preclude an earlier termination.
• In the event that the Contract Term or the remaining Term of the Contract does not allow for the
completion of the deficient performance notification cycles described above for those in danger of
receiving an Unacceptable Performance scorecard, JEA may choose to accelerate these cycles at
its sole discretion.
• If the Company receives five (5) or more letters of deficiency within any twelve (12) month
period, then JEA will prepare a scorecard describing the deficiencies and the Company's
performance will be scored as Unacceptable.

Acceptable Performance
JEA expects the Company's performance to be at a minimum Acceptable.

Disputes
In the event that the Company wants to dispute the results of its scorecard performance evaluation, the Company
must submit a letter to the Chief Procurement Officer supplying supplemental information that it believes JEA failed
to take into account when preparing the scorecard. Such letter, along with supplemental information, must be
submitted no later than ten (10) days following the Company's receipt of the scorecard. If the Chief Procurement
Officer decides to change the scorecard, the Company will be notified and a revised scorecard will be prepared, with
a copy issued to the Company. If the Chief Procurement Officer decides that no change is warranted, the decision of
the Chief Procurement Officer is final. If the Company is to be suspended from consideration for future Award of
any contracts, the Company may appeal to the Procurement Appeals Board as per JEA Procurement Code.

Public Records
There can be no expectation of confidentiality of performance-related data in that all performance-related data is
subject to disclosure pursuant to Florida Public Records Laws. All scorecards are the property of JEA.

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2.13. JEA RESPONSIBILITIES

2.13.1. COORDINATION OF SERVICES PROVIDED BY JEA


The JEA Representative for the Work will, on behalf of JEA, coordinate with the Company and administer this
Contract. It shall be the responsibility of the Company to coordinate all assignment related activities with the
designated JEA Representative. The JEA Representative will be assigned to perform day-to-day administration and
liaison functions, and to make available to the Company appropriate personnel, to the extent practical, and to furnish
records and available data necessary to conduct the Work. The JEA Representative will also authorize the Company
to perform work under this Contract.

2.14. COMPANY RESPONSIBILITIES

2.14.1. STORAGE OF EQUIPMENT


The Company shall be responsible for all storage of materials, equipment, vehicles, tools, and all other items
associated with the Work. Such storage shall comply with applicable regulations appropriate for the items being
stored to ensure suitable care for items and protection from theft, vandalism, or inappropriate use. The Company is
solely responsible for the costs for such storage, unless otherwise indicated in the Contract Documents, and any
costs associated with noncompliant storage including, but not limited to, loss and damage to items. In the event that
JEA directs the Company to stop the Work, costs associated with storing equipment or materials will be
compensated in accordance with the Contract Documents. The Company shall ensure that JEA Representatives have
access to Work-related storage on an as needed basis during regular work hours and Overtime.

2.14.2. STORM PREPAREDNESS


In the event of a Hurricane Warning, Tropical Storm Warning, or other large storm affecting the Work Location, the
Company shall secure, or shall remove and store all equipment and materials at the Work Location including, but
not limited to, cones, barricades, lights and signs. The Company shall begin taking such precautions necessary to
secure the Work Location upon official issuance of mandatory evacuation of the area of the Work Location and no
later than twenty-four (24) hours prior to predicted arrival of tropical storm or hurricane force winds, or when
notified by a JEA Representative to do so. These activities are considered a regular part of the Work; regardless of
the frequency they are required.

2.15. MISCELLANEOUS PROVISIONS

2.15.1. AMBIGUOUS CONTRACT PROVISIONS


The parties agree that this Contract has been the subject of meaningful analysis and/or discussions of the
specifications, terms and conditions contained in this Contract. Therefore, doubtful or ambiguous provisions, if any,
contained in this Contract will not be construed against the party who physically prepared this Contract.

2.15.2. AMENDMENTS
This Contract may not be altered or amended except in writing, signed by JEA Chief Procurement Officer, or
designee, and the Company Representative, or each of their duly authorized representatives.

2.15.3. APPLICABLE STATE LAW; VENUE; SEVERABILITY


The rights, obligations and remedies of the parties as specified under the Contract will be interpreted and governed
in all respects exclusively by the laws of the State of Florida without giving effect to the principles of conflicts of
laws thereof. Should any provision of the Contract be determined by the courts to be illegal or in conflict with any
law of the State of Florida, the validity of the remaining provisions will not be impaired. Litigation involving

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this Contract or any provision thereof shall take place in the State or Federal Courts located exclusively in
Jacksonville, Duval County, Florida.

2.15.4. CUMULATIVE REMEDIES


Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be
cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or
otherwise.

2.15.5. DELAYS
Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the
performance of such obligation is prevented or delayed by any cause beyond the reasonable control of the affected
party, and the time for performance of either party hereunder shall be extended for a period of equal to any time lost
due to such prevention or delay.

2.15.6. ENTIRE AGREEMENT


This Contract constitutes the entire agreement between the parties. No statement, representation, writing,
understanding, or agreement made by either party, or any representative of either party, which are not expressed
herein shall be binding. All changes to, additions to, modifications of, or amendment to this Contract, or any of the
terms, provisions and conditions hereof, shall be binding only when in writing and signed by the authorized officer,
agent or representative of each of the parties hereto.

2.15.7. EXPANDED DEFINITIONS


Unless otherwise specified, words importing the singular include the plural and vice versa and words importing
gender include all genders. The term "including" means "including without limitation", and the terms "include",
"includes" and "included" have similar meanings. Any reference in this Contract to any other agreement is deemed
to include a reference to that other agreement, as amended, supplemented or restated from time to time. Any
reference in the Contract to "all applicable laws, rules and regulations" means all federal, state and local laws, rules,
regulations, ordinances, statutes, codes and practices.

2.15.1. FORCE MAJEURE


No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an
act of God or other event to the extent that: (a) the non-performing party is without fault in causing such default or
delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default or
delay could not have been reasonably circumvented by the non-performing party through the use of alternate
sources, work-around plans or other means. Such causes include, but are not limited to: act of civil or military
authority (including but not limited to courts or administrative agencies); acts of God; war; terrorist attacks; riot;
insurrection; inability of JEA to secure approval, validation or sale of bonds; inability of JEA or the Company to
obtain any required permits, licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; hurricanes,
tornados, floods; or strikes.

In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder
(including the payment of monies if such event actually prevents payment) shall be extended for a period of time
reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract
Documents.

In the event of any delay or nonperformance resulting from such causes, the party affected shall promptly notify the
other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or

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nonperformance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is
anticipated that any delivery or completion dates will be thereby affected within seven (7) calendar days.

2.15.2. HEADINGS
Headings appearing herein are inserted for convenience or reference only and shall in no way be construed to be
interpretations of text.

2.15.3. INDEPENDENT CONTRACTOR


Company is performing this Contract as an independent contractor and nothing in this Contract will be deemed to
constitute a partnership, joint venture, agency, or fiduciary relationship between JEA and Company. Neither
Company nor JEA will be or become liable or bound by any representation, act, or omission of the other.

2.15.4. LANGUAGE AND MEASUREMENTS


All communication between the Company and JEA, including all documents, notes on drawings, and submissions
required under the Contract, will be in the English language. Unless otherwise specified in the Contract, the US
System of Measurements shall be used for quantity measurement. All instrumentation and equipment will be
calibrated in US System of Measures.

2.15.5. MEETINGS AND PUBLIC HEARINGS


The Company will, upon request by JEA, attend all meetings and public hearings as required, in any capacity, as
directed by JEA.

2.15.6. NEGOTIATED CONTRACT


Except as otherwise expressly provided, all provisions of this Contract shall be binding upon and shall inure to the
benefit of the parties, their legal representatives, successors and assigns. The parties agree that they have had
meaningful discussion and negotiation of the provisions, terms and conditions contained in this Contract. Therefore,
doubtful or ambiguous provisions, if any, contained in the Contract shall not be construed against the party who
physically prepared this Contract.

2.15.7. NONEXCLUSIVE
Notwithstanding anything contained herein that may appear to be the contrary, this Contract is "non-exclusive" and
JEA reserves the right, in its sole discretion, to retain other companies to perform the Work, and/or JEA may self-
perform the Work itself.

2.15.8. REFERENCES
Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process, document,
drawing, or other informational material is deemed to be a reference to that item, as amended or supplemented from
time to time. All referenced items shall have the enforcement ability as if they are fully incorporated herein.

2.15.9. RIGHT TO AUDIT AND FINANCIAL REPORTING


Accounting System
The Company shall establish and maintain a reasonable accounting system that enables JEA to readily identify the
Company’s assets, expenses, cost of goods, and use of funds.

Audited Financial Statements


The Company shall provide to JEA audited financial statements for the most recent fiscal year upon JEA's request,
not later than five (5) days after receipt of written request.

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Content and Retention of Records
Such records shall include, but not be limited to, accounting records, written policies and procedures; subcontract files
(including proposals of successful and unsuccessful Respondents, bid recaps, etc.); all paid vouchers including those
for out of pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank
statements; journals; original estimates; estimating work sheets; contract amendments and change order files;
backcharge logs and supporting documentation; insurance documents; payroll documents; timesheets; memoranda;
and correspondence. Company shall, at all times during the term of this Contract and for a period of five years after
the completion of this Contract, maintain such records, together with such supporting or underlying documents and
materials.

Inspection /Audit of Records


Upon JEA's request, the Company agrees to allow JEA to audit, to examine, and to make copies of or extracts from
its financial and operating records (in whatever form they may be kept, whether written, electronic, or other) kept by
the Company, its employees, agents, assigns, successors, and subcontractors, for the purpose of determining invoice
accuracy, or otherwise assessing compliance with the Contract Documents.

The Company shall at any time requested by JEA, whether during or after completion of this Contract, and at
Company’s own expense make such records available for inspection and audit (including copies and extracts of
records as required) by JEA. Such records shall be made available to JEA during normal business hours at the
Company’s office or place of business in a workspace suitable for the audit and [subject to a three day written
notice/without prior notice]. In the event that no such location is available, then the financial records, together with
the supporting or underlying documents and records, shall be made available for audit at a time and location that is
convenient for JEA. The Company agrees to have knowledgeable personnel available to answer questions for the
auditors during the time they are performing the audit and for a period of two weeks thereafter. Company shall ensure
JEA has these rights with Company’s employees, agents, assigns, successors, and subcontractors, and the obligations
of these rights shall be explicitly included in any subcontracts or agreements formed between the Company and any
subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the Company’s obligations
to JEA.

Cost of Audits
Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by
JEA unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the
Company to JEA in excess of one-half of one percent (.5%) of the total contract billings, the Company shall reimburse
JEA for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or
nonperformance, JEA may recoup the costs of the audit work from the Company.

Billing Adjustments and Recoveries


Any billing payment recoveries to JEA that must be made as a result of any such audit or inspection of the Company’s
invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation
of JEA’s findings to Company.

Failure to Comply
If Company fails to comply with the requirements contained in this clause, the Company may be found to be in breach
of the Contract, be subject to debarment or suspension of bidding privileges with JEA, and/or JEA may exercise any
other remedies available by law.

007-18 Combustion Turbine Borescope Inspection Services for JEA PAGE 42 OF 44


2.15.10. SEVERABILITY
In the event that any provision of this Contract is found to be unenforceable under applicable law, the parties agree
to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties
and is enforceable under applicable law, and the remainder of this Contract shall continue in full force and effect.
With regard to any provision in this agreement pertaining to damages, equitable or otherwise, it is the intent of the
Parties that under no circumstances shall there be recovery for home office overhead. Any damages claimed shall be
proven by discreet accounting of direct project costs and no theoretical formula or industry estimating reference
manuals shall be permissible.

2.15.11. SUBCONTRACTING OR ASSIGNING OF CONTRACT


Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the duties to be
performed under the Contract, or the monies to become due under the Contract without the other party's prior
written consent.

The assignment of the Contract will not relieve either of the parties of any of its obligations until such obligations
have been assumed in writing by the assignee. If the Contract is assigned by either of the parties, it will be binding
upon and will inure to the benefit of the permitted assignee. The Company shall be liable for all acts and omissions
of its assignee or its Subcontractor.

In the event the Company obtains JEA approval to use Subcontractors, the Company is obligated to provide
Subcontractors possessing the skills, certifications, registrations, licenses, training, tools, demeanor, motivation and
attitude to successfully perform the work for which they are subcontracted. The Company is obligated to remove
Subcontractors from performing Work under this Contract when the Company recognizes that a Subcontractor is
failing to work in a manner consistent with the requirements of this Contract, or when JEA notifies the Company
that JEA has determined a Subcontractor is failing to work in a manner consistent with the requirements of this
Contract.

2.15.12. SURVIVAL
The obligations of JEA and the Company under this Contract that are not, by the express terms of this Contract, to
be performed fully during the Term, shall survive the termination of this Contract.

2.15.13. TIME AND DATE


Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville, FL. If
under this Contract any payment or calculation is to be made, or any other action is to be taken, on or as of a day that
is not a regular business day for JEA, that payment or calculation is to be made, and that other action is to be taken,
as applicable, on or as of the next day that is a regular business day. Where reference is made to day or days, it
means calendar days. Where reference is made to workday, workdays, business day, or business days, it means
regular working days for JEA Procurement.

2.15.14. TIME OF ESSENCE


For every material requirement of this Contract, time is of the essence.

2.15.15. WAIVER OF CLAIMS


A delay or omission by JEA to exercise any right or power under this Contract shall not be construed to be a waiver
thereof. A waiver by JEA under this Contract shall not be effective unless it is in writing and signed by the party
granting the waiver. A waiver by a party of a right under or breach of, this Contract shall not be construed to operate
as a waiver of any other or successive rights under, or breaches of, this Contract.

007-18 Combustion Turbine Borescope Inspection Services for JEA PAGE 43 OF 44


The Company's obligations to perform and complete the Work in accordance with the Contract shall be absolute.
None of the following will constitute a waiver of any of JEA's rights under the Contract: approval of payments,
including final payment; Certificate of Contract Completion; any use of the Work by JEA; nor any correction of
faulty or defective work by JEA.

3. TECHNICAL SPECIFICATIONS/DETAILED SCOPE OF WORK


The Technical Specifications and a Detailed Scope of Work are located in Appendix A of this document.

4. FORMS
Forms required to be submitted with this solicitation are provided in Appendix B or can be obtained on the JEA
website at www.jea.com.

007-18 Combustion Turbine Borescope Inspection Services for JEA PAGE 44 OF 44


APPENDIX A – CT BORESCOPE INSPECTION SERVICES

TECHNICAL SPECIFICATIONS

1.0 SCOPE OF WORK


1.1. JEA is seeking a qualified Company to perform combustion turbine borescope inspection services at
its plant facilities. JEA intends to award a single contract for this work.

2.0 PLANT LOCATIONS AND FRAME TYPES


2.1 The list of JEA plant locations and frame types to be inspected are listed below. All plant facilities are
located in Jacksonville, Florida.
Plant Locations
2.1.1 Brandy Branch Generating Station (BBGS)
15701 West Beaver Street
Jacksonville, FL 32234
2.1.2 Kennedy Generating Station (KGS)
4215 Talleyrand Avenue
Jacksonville, FL 32206
2.1.3 Greenland Energy Center (GEC)
6850 Energy Center Drive
Jacksonville, FL 32256

2.1.4 Northside Generating Station (NGS)


4377 Heckscher Drive
Jacksonville, FL 32226
Frame Types

Plant Name GE Frame Type


BrandyBranch CT1 7FA
BrandyBranch CT2 7FA
BrandyBranch CT3 7FA
Kennedy CT 7 7FA
Kennedy CT 8 7FA
Greenland CT1 7FA
Greenland CT2 7FA
Northside CT3 7B
Northside CT4 7B
Northside CT5 7B
Northside CT6 7B

3.0 COMPANY SAFETY

1
3.0 IT IS EXTREMELY IMPORTANT THAT THE COMPANY AND JEA WORK TOGETHER
TO ADDRESS ANY SAFETY CONCERNS SUCH THAT POTENTIAL ACCIDENTS ARE
AVOIDED.
3.1 All employees of the Company, who perform work on JEA property, shall be JEA Safety Qualified.
Company Supervisors/Foremen will be required to attend the Safety Leadership Development program
offered through the Northeast Florida Safety Council (NEFSC) or an equivalent program as required
by the JEA Company Safety Program.
3.2 Site specific training shall be required to work at each electric plant location. The JEA Safety
Department or JEA Representatives shall provide a PowerPoint Training module for the site location.
Company is responsible for ensuring ALL personnel have received the appropriate safety training, as
required by JEA Company Safety Program, and shall submit a roster of the employees who received
the training.
3.3 Contractor employees are required to wear Personal Protective Equipment (PPE) at all times while on
all JEA electric plant sites. PPE shall include, but not be limited to, the following; safety glasses, hard
hats, hearing protection, safety-toed boots, etc. The cost of all PPE shall be included in the pricing.
3.4 Company shall abide by the JEA Hot Work Permit Program, Lock Out/Tag Out Procedure and the
Confined Space Entry Procedure.
3.5 Company shall abide by the JEA Company’s Safe Work Practices Manual.

4.0 SECURITY
4.0 Company shall supply a list of names of the personnel they will be using during a given inspection
project to the JEA Representative one (1) week prior to start of the project so they can secure their
access into the plant. Photo ID’s are required for all personnel that will be working on JEA
property.
4.1 Only authorized Company personnel shall have drive-on plant access. Company shall be responsible
for transporting their personnel from the JEA designated parking area to their work area.
4.2 A JEA issued security badge shall be visible at all times while on JEA property.
4.3 Background checks and mandatory training may be required for entry to NERC regulated spaces.
4.4 Parking on JEA property shall be approved through the JEA Representative. Parking for Company
vehicles and Company personnel vehicles is limited to four (4) vehicles within the NGS facility. All
Company vehicles driven onto plant sites must be properly identified with Company placards.
Additional parking for personnel is available off-site in the designated Company parking area.

2
5.0 ENVIRONMENTAL
5.1 JEA is under strict environmental standards with respect to all construction activities, including
purchasing, delivery, erection, and operation / maintenance of equipment.
5.2 Violations of standards may result in fines against and/or imprisonment of the guilty parties. The
Company’s work shall be in compliance with all applicable environmental standards. The Company is
liable for breeches of permit conditions instigated by its personnel.
5.3 JEA shall assist the Company in environmental compliance by providing information upon request and
monitoring the work. Environmental standards are contained in permits, permit application materials,
Conditions of Certification, stipulations, and compliance documents. Copies of these documents are
available for inspection at the JEA Environmental Compliance office. The Company shall cooperate
fully with JEA in insuring compliance.

6.0 7FA BORESCOPE INSPECTION TYPES


A STANDARD comprehensive borescope inspections shall include, but not be limited to, the following
components:
6.0.1 Inlet Bellmouth and Compressor
• A general inspection of the Inlet Bellmouth area.
• A general inspection of the Variable Inlet Guide Vanes and Bushings.
• An inspection of stage 0 through 13 rotor blades and stator vanes at four cardinal
locations via access through the Variable Inlet Guide Vanes.
• A cursory stator vane segment shim inspection performed per IAW TIL 1562.
• Inspection of the stage 14 through 17 rotor blades and stator vanes through the
borescope ports in the compressor case.
• An inspection of the stage R-13 through R-17 rotor blades per IAW TIL 1502-2.
• A cursory inspection of the stage 17 compressor wheel per IAW TIL 1971 and 1972.
• An inspection of the stage S-17 stator vanes and the Exit Guide Vanes per IAW TIL
1315-2R1.
6.0.2 Combustion Section
• An inspection of the fuel nozzles along with the “hot side” of the combustion liners,
crossfire tubes and transition pieces (including the floating and side seals) with access
as follows:
o Liner and Transition Piece numbers 2, 3, 11-14 are inspected through the
igniter and flame scanner ports.
o Liner and Transition Piece numbers 1, 4-10 are inspected through either the
DLN probe ports or through fuel blank ports (Gas Only). Alternate access to
these liners can be obtained through adjacent crossfire tubes.
• An inspection of the “Cold Side” Transition Piece when the manways or air extraction
flanges are opened.
6.0.3 Turbine and Exhaust Section
• An inspection of the turbine stage 1 through 3 Nozzles and Buckets through the
borescope ports in the turbine case and via the exhaust section.
• An inspection of the stage 1 nozzles are inspected per IAW TIL 1108-R1.
• An inspection of the stage 1 bucket platforms for cracks and wear on the tip shrouds.
• A cursory inspection of the stage 2 bucket tip shrouds per IAW TIL 1858/59/63.
• A general inspection of the exhaust section including the flex seal and exterior of the
struts.
6.0.4 The Weekday Rate shall typically include work performed on Monday-Friday from 0700-
1900. The Weekend Rate will include Saturdays and Sunday, while the Nightly Rate shall
cover work performed Monday-Friday from 1900-0700.

3
6.1 7FA TIL 1303-1R4 (R0 Molds)
• R-0 erosion molds shall be taken at the leading edge of 4 stage R-0 rotor blades.
• Price shall include Mold evaluation to include four (4) samples.
6.2 7FA TIL 1509-R3 (In-Situ R-1 Only Visible Dye Penetrant)
• A visible dye penetrant examination through the VIGV’s without unit disassembly is
performed on the stage R-1 rotor blade tips to identify radial cracks.
• Price includes up to ten hours per shift to complete the inspection.
6.3 7FA TIL 1509-R3- (In-Situ R-0 and R-1 Visible Dye Penetrant)
• A visible dye penetrant examination through the VIGV’s without unit disassembly is
performed on the stage R-0 and R-1 rotor blade tips to identify radial cracks and the leading
edge of the R-0 rotor blade platforms to identify root distress.
• Price shall include up to ten hours per shift to complete the inspection.
6.4 7FA TIL 1509-R3 (In-Situ R-0, R-1 and S-0 Visible Dye Penetrant)
• A visible dye penetrant examination through the VIGV’s without unit disassembly is
performed on the stage R-0 and R-1 rotor blade tips to identify radial cracks and on the trailing
edge of the stage S-0 stator vanes to identify axial cracks.
• Price shall include up to ten hours per shift to complete the inspection.
6.5 7FA TIL 1638-R2 (In-Situ R0 and R1 Platform Phased Array Ultrasonic)
• A phased array ultrasonic examination is performed through the VIGV’s without unit
disassembly on the stage R-0 and R-1 rotor blade platforms to identify cracks.
6.6 7FA TIL 1638-R2 (In-Situ R1 Only Platform Phased Array Ultrasonic
• A phased array ultrasonic examination is performed through the VIGV’s without unit
disassembly on the stage R-1 rotor blade platforms to identify cracks in the dovetail area.
6.7 7FA TIL 1907 (In-Situ Stage R-0 Rotor Forward Shaft Phased Array Ultrasonic)
• A phased array ultrasonic examination is performed through the VIGV’s without unit
disassembly on the stage R-0 rotor forward shaft to identify cracks.
6.8 7FA In-Situ Stage S-0 and S-1 Stator Vane Eddy Current Exam
• An eddy current examination is performed on the leading and trailing edge of the stage S-0
stator vanes and the four inches (4”) closest to the leading edge tips of the stage S-1 stator vanes
where cracks have been identified in the fleet. This inspection should include the area deemed
suspect to harmonic induced cracking.
6.9 7FA In-Situ Stage S-0 Stator Vane Eddy Current Exam
• An eddy current examination is performed on the leading and trailing edge of all the stage S-0
stator vanes. This covers the area deemed suspect to harmonic induced cracking.

4
7.0 WORK HOURS
7.1 Straight Time (ST) hours are performed from eight (8) to twelve (12) hours per day (the “Normal
Work Day”), not to exceed forty (40) hours per week (the “Work Week”). A Normal Work Day
may take place during the day, afternoon, or night shift.
7.2 Overtime (OT) hours are performed outside of a Normal Work Day or Work Week, including
weekends and holidays. Overtime shall be approved in advance by the JEA Representative and shall
be paid after an employee has worked forty (40) hours for the Work Week or worked more than the
Normal Work Day.
7.3 Company shall not be permitted to perform overtime work without prior approval of the JEA
Representative.

8.0 PAYMENT METHODS


8.1 Lump Sum Payment Method
8.1.1 JEA will pay the Company a Lump Sum amount for each borescope inspection that is
performed. Payment amounts will be in accordance with the inspection rates established in
the Respondents Rates Workbook. During the course of contract term, any new types of
inspection or specialty type inspections for which rates have not been established may be
performed as long as the parties come to a mutually agreeable cost for these inspections.
8.1.2 Borescope inspection prices shall remain fixed during the five (5) year contract duration..
8.1.3 Upon completion of each borescope inspection, the Company shall submit an invoice per
the JEA Purchase Order instructions.
8.2 Cost Reimbursable / Time & Material (T&M) Payment Method
8.2.1 T&M Pricing
8.2.1.1 JEA shall pay the Company for T&M work in the manner set forth below and the
compensation provided shall constitute full payment for the work.
8.2.1.2 Pricing of all T&M work shall be based on the Labor, Travel, and Material unit
prices and markups established in the Respondent Rates Workbook.
8.2.1.3 The Company and the JEA Representative shall compare records of the work
performed on a T&M basis at the end of each day, or as appropriate. These records
containing time sheets, material receipts, etc. shall be prepared the next day by the
Company and signed by the Company Representative. A copy of these records
shall be submitted to JEA the same day, but no later than the next day, for
approval and signed by the JEA Representative. A complete copy of these records
for the work shall be submitted with the invoice.
8.3 T&M Invoice Details
8.3.1 Upon completion of each borescope inspection, the Company shall submit a Preliminary
Invoice to the JEA Representative for approval. The preliminary invoice shall contain, at a
minimum, the following backup documentation:
8.3.2 JEA Purchase Order number
8.3.3 JEA Plant Description, i.e., plant location and unit #
8.3.4 Invoice number
8.3.5 Invoice billing period

5
8.3.6 JEA Task Manager
8.3.7 Borescope Inspection Type(s)
8.3.8 Invoice summary for each borescope inspection, to include line item expenses for overtime,
materials, travel, and miscellaneous job-related expenses with totals for each.
8.3.9 Daily timesheet and material usage sheet signed off by the JEA Representative.
8.3.10 Per Diem & Travel expense sheet for each employee. All Per Diem & Travel requests shall
be compliant with the JEA Company Travel Procedure.
8.3.11 Receipts for Material purchases.
8.3.12 Other backup documentation, as deemed necessary to verify accuracy of billing.
8.3.13 Upon approval by the JEA Representative, a final invoice shall be submitted per the JEA
Purchase Order instructions.
8.3.14 Final invoicing shall be submitted within sixty (60) days of task completion.
8.4 Hourly Overtime Labor Rate
8.4.1 The Hourly Overtime Labor Rate will be utilized for work performed in excess of a Normal
Work Day, including weekends and holidays.
8.5 Per Diem and Travel
8.5.1 All Per Diem and Travel reimbursement shall be in accordance with the JEA Company
Travel Procedure.
8.6 Hourly Travel Rate
8.6.1 An Hourly Travel Rate shall be allowed for emergent work or work which requires
immediate dispatch of Company employees to the JEA jobsite.
8.6.2 The Hourly Travel Rate shall represent the actual travel hours spent by the employee(s) to
get to the JEA jobsite.
8.7 Materials Mark Up
8.7.1 For materials purchased by the Company and used in the execution of the Work, the
Company shall be paid the actual cost of such materials, including sales taxes, if required,
and freight and delivery charges as shown by original receipted bills. A mark-up amount
shall be added to these costs, but shall not be added to applicable sales tax, expedite
charges, delivery or freight charges. The mark up amount shall equal the "Materials Mark
Up" as stated in the Respondent Rates Workbook. The Mark Up amounts for each shall not
exceed 10%.

9.0 EXIT INTERVIEW


An exit interview with plant personnel shall be conducted to review any and all findings on each day of the
borescope inspection(s).

10.0 INSPECTION REPORTS


Following each borescope inspection, the Company shall supply a detailed written report to include the
following:
10.1 A description of the inspections performed and any GE TIL’s that are satisfied per the inspections.

6
10.2 Hi-resolution digital photographs (minimum resolution of 1290 x 960) of each stage of the
compressor and turbine including any problem or potential problem areas. These photographs shall
be laid out in a way that orients the unit from compressor to exhaust with all pictures aligned as if
you were looking straight at the blade/bucket.
10.3 A summary of urgent findings as a result of the inspection and recommendations for follow up
inspections.
10.4 The report shall be submitted in electronic format, preferably via email or file drop utility, complete
with digital images embedded in the report. Copies of the report shall be submitted to the CT
Operations & Maintenance Managers.
10.5 Final reports shall be turned in within fourteen (14) days of completing the borescope inspection.

7
APPENDIX B MINIMUM QUALIFICATIONS FORM
007-18 COMBUSTION TURBINE BORESCOPE INSPECTION SERVICES

GENERAL

THE MINIMUM QUALIFICATIONS SHALL BE SUBMITTED ON THIS FORM. IN ORDER TO BE


CONSIDERED A QUALIFIED BIDDER BY JEA YOU MUST MEET THE MINIMUM
QUALIFICATIONS LISTED BELOW, AND BE ABLE TO PROVIDE ALL THE SERVICES LISTED IN
THIS SOLICITATION.

THE BIDDER MUST COMPLETE THE BIDDER INFORMATION SECTION BELOW AND PROVIDE
ANY OTHER INFORMATION OR REFERENCE REQUESTED. THE BIDDER MUST ALSO PROVIDE
ANY ATTACHMENTS REQUESTED WITH THIS MINIMUM QUALIFICATIONS FORM.

PLEASE SUBMIT THE ORIGINAL AND THREE (3) COPIES OF THIS FORM AND ANY REQUESTED
ADDITIONAL DOCUMENTATION WITH THE BID SUBMISSION.

BIDDER INFORMATION

COMPANY NAME:

BUSINESS ADDRESS:

CITY, STATE, ZIP CODE:

TELEPHONE:

FAX:

E-MAIL:

PRINT NAME OF AUTHORIZED REPRESENTATIVE:

SIGNATURE OF AUTHORIZED REPRESENTATIVE:

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE:

MINIMUM QUALIFICATIONS:

• The Company submitting the shall have successfully completed or be in the performance of two
(2) similar service contracts in the United States in the past five (5) years date ending the
Response Due Date. A similar service contract is defined as combustion turbine borescope
inspection services contract totaling $20,000.00 or more for any one-year period for each
contract. The service contracts submitted shall be from different customers and the services shall
have been performed the work on GE 7FA or GE 7EA/B combustion turbine units.
APPENDIX B MINIMUM QUALIFICATIONS FORM
007-18 COMBUSTION TURBINE BORESCOPE INSPECTION SERVICES

REFERENCE 1

Customer Name

Customer Adderss

Reference Name

Reference Phone Number

Reference E-Mail Address

Contract Year/Amount

Contract Name or Project Title

Description of Services Provided


APPENDIX B MINIMUM QUALIFICATIONS FORM
007-18 COMBUSTION TURBINE BORESCOPE INSPECTION SERVICES

REFERENCE 2

Customer Name

Customer Adderss

Reference Name

Reference Phone Number

Reference E-Mail Address

Contract Year/Amount

Contract Name or Project Title

Description of Service Contract


APPENDIX B – FORMS

007-18 Combustion Turbine Borescope Inspection Services for JEA

MINIMUM QUALIFICATION INFORMATION

The minimum qualifications shall be submitted in the format attached. The report shall be presented in the
order described below. In order to be considered a qualified supplier by JEA you must meet all the criteria
listed and be able to provide all the services listed in this specification.

The supplier must complete one (1) original and three (3) duplicate (copy) of the following information
and any other information or attachments.

RESPONDENT INFORMATION
COMPANY NAME:
BUSINESS ADDRESS:
CITY, STATE, ZIP CODE:
TELEPHONE:
FAX:
E-MAIL:

• The Company submitting the Response shall have successfully completed or be in the performance of two
(2) similar service contracts in the United States, in the past five (5) years date ending the Response Due
Date.

o A similar service contract is defined as combustion turbine borescope inspection services contract
totaling $20,000.00 or more for any one (1) year period for each contract. If the contract is
currently being performed, one (1) year of spend totaling $20,000 or more must have already been
completed to meet the minimum qualification.

o Additionally, the service contracts submitted shall be from different customers and the services
shall have performed the work on GE 7FA or GE 7EA/B combustion turbine units.

1
Primary Nature of Service Provided

Geographic Location

Client

Reference Name

Reference Phone Number

Service Work greater than $20,000.00 in a service year. ☐ Yes ☐ No


Completed in the last five years of the Bid Due Date. ☐ Yes ☐ No
Work Performed on 7FA, GE 7EA/B combustion turbines. ☐ Yes ☐ No
Description of Project
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________

2
Primary Nature of Service Provided

Geographic Location

Client

Reference Name

Reference Phone Number

Service Work greater than $20,000.00 in a service year. ☐ Yes ☐ No


Completed in the last five years of the Bid Due Date. ☐ Yes ☐ No
Work Performed on 7FA, GE 7EA/B combustion turbines. ☐ Yes ☐ No
Description of Project

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_________________________

3
APPENDIX B
PROPOSAL FORM

007-18 Combustion Turbine Borescope Inspection Services for JEA

COMPANY INFORMATION:
COMPANY NAME:
BUSINESS ADDRESS:
CITY, STATE, ZIP CODE:
TELEPHONE:
FAX:
EMAIL OF CONTACT:

PROXIMITY TO JEA (list address to be used for proximity evaluation)

________________________________________________________________________

I have read and understood the Sunshine Law/Public Records clauses contained within this solicitation. I
understand that in the absence of a redacted copy my proposal will be disclosed to the public “as-is”.
Company's Certification
By submitting this Proposal, the Proposer certifies that it has read and reviewed all of the documents pertaining to
this RFP and agrees to abide by the terms and conditions set forth therein, that the person signing below is an
authorized representative of the company, that the company is legally authorized to do business in the State of
Florida, and that the company maintains in active status an appropriate license for the work. The company certifies
that its recent, current, and projected workload will not interfere with the company's ability to Work in a
professional, diligent and timely manner.
The Proposer certifies, under penalty of perjury, that it holds all licenses, permits, certifications, insurances, bonds,
and other credentials required by law, contract or practice to perform the Work. The Proposer also certifies that,
upon the prospect of any change in the status of applicable licenses, permits, certifications, insurances, bonds or
other credentials, the Company shall immediately notify JEA of status change.

We have received addenda through

Signature of Authorize Officer of Company or Agent Date

Printed Name & Title Phone Number

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